Rajasthan High Court
Amarchand Meena S/O Shri N. R. ... vs The State Of Rajasthan on 8 February, 2022
Bench: Akil Kureshi, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 557/2020
1. Amarchand Meena S/o Shri N. R. Meena, Aged About 55
Years, 49 Roop Nagar-Ii, Near Mahesh Nagar, Tonk
Phatak, Jaipur (Raj).
2. Ram Gopal Meena S/o Shri Lattu Ram Meena, Aged About
55 Years, R/o B-16, Green Park Colony, Opp. Malviya,
Rajgarh Road, Alwar (Raj.)
3. Inderjeet Singh Meena, S/o Shri Ram Nath Singh, Aged
About 54 Years, R/o H.no. 35, Gate No. 5, Rajat Grah
Colony, Bundi (Raj.).
4. Om Prakash Verma S/o Late Shri Karan Lal, Aged About
56 Years, R/o E-1/116, Chitrakoot Scheme, Vaishali
Nagar, Jaipur.
5. Sri Ram S/o Shri Jamunalal Meena, Aged About 54 Years,
R/o B-184, Malviya Nagar, Alwar (Raj.)
6. Prahlad Singh, S/o Pratap Singh, Aged About 55 Years,
R/o Ward No. 42, Jat Colony Sikar
----Appellants
Versus
1. The State Of Rajasthan, Through Secretary, Public Works
Department, Government Secretariat, Jaipur.
2. Chief Engineer, Public Works Department, Jacob Road,
Jaipur, Rajasthan.
3. Dhanpat Singh S/o Shri B.r. Meena, Aged About 52 Years,
R/o 31, Himmat Nagar, Tonk Road, Jaipur Presently
Posted As Executive Engineer, Malpura District, Tonk.
4. Ajay Aeron S/o Late Shri Satendra Kumar Aeron, Aged
About 49 Years, R/o C-57, Raghu Marg, Hanuman Nagar,
Vaishali Nagar, Jaipur Presently Posted As Executive
Engineer At Chief Engineer Office Pwd, Jaipur.
5. Girraj Prasad Gupta S/o Shri Badri Narayan Gupta, Aged
About 51 Years, R/o 463, Rangoli Gardens, Jaipur
Presently Posted As Executive Engineer, Rajasthan Council
Of School Education.
6. Bhupesh Saini S/o Late Shri Banwari Lal Saini, Aged
About 51 Years, R/o 320 C-1, Rajni Vihar, Near Sweet Red
Rose School, Heerapura, Ajmer Road, Jaipur Presently
(Downloaded on 11/02/2022 at 09:25:45 PM)
(2 of 3) [SAW-557/2020]
Posted As Executive Engineer Ss At Chief Engineer Office
Pwd, Jaipur.
7. Rajvir Singh S/o Late Shri Panna Lal, Aged About 52
Years, R/o 70/63 Rhb, Pratap Nagar, Sector-7, Sanganer,
Jaipur.
----Respondents
For Appellant(s) : Mr. SS Hora, though VC
For Respondent(s) : Mr. RN Mathur, Sr. Adv. assisted by
Mr. Shovit Jhajharia, through VC
Mr. Ashwinee Kumar Jaiman, through
VC
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
08/02/2022
This appeal is filed against an interim order dated
13.08.2020 passed by the learned Single Judge in the writ petition
filed by the present appellants. In the writ petition the appellants
had challenged a recast seniority list of the cadre of the Executive
Engineer, PWD department which comprised of direct recruits as
well as promotees. Pending such petition the petitioners had
prayed for stay against such further promotion based on such
seniority list. This prayer has been rejected by the learned Single
Judge by the impugned order dated 13.08.2020 however making
observation that any such promotion shall be subject to the final
outcome of the writ petition.
Having heard learned counsel for the appellants it prima
facie emerges that the existing seniority list was recast by the
administration pursuant to the observations and directions made
by the Division Bench in a judgment dated 11.05.2017 passed in
(3 of 3) [SAW-557/2020]
D.B. Special Appeal Writ No.164/2007 in case of Sangeet Kumar
and Ors. Vs. State and Ors. where the administration has applied
the correct principles and understood the judgment of the Division
Bench correctly while recasting the seniority list and the questions
which need to be gone into in the pending writ petition when the
same is taken up for final decision. As of now no directions
obviously can be issued to the administration to grant promotion
on the basis of original seniority list which was already
substituted. If that is clear what follows as a natural corollary is
that the request of the petitioners for interim protection must be
refused since only other alternative option would be to stay all
promotions which would perhaps be in the interest of no party
particularly not in the interest of administration.
In the result, the appeal is dismissed.
(SUDESH BANSAL),J (AKIL KURESHI),CJ
N.Gandhi/1
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