Rajasthan High Court
Shruti Bhardwaj W/O Shri L. C. ... vs State Of Rajasthan on 21 January, 2022
Bench: Akil Kureshi, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 989/2021
Shruti Bhardwaj W/o Shri L. C. Aswal, Aged About 54 Years, R/o
3Kha 4C, Jawahar Nagar, Jaipur 302004, Previously Posted As
Additional Commissioner, Jaipur Development Authority, Jaipur
At Present Posted As Joint Secretary, Water Resources,
Government Of Rajasthan, Jaipur.
----Appellant
Versus
1. State Of Rajasthan, Through Chief Secretary, Government
Of Rajasthan, Secretariat, Jaipur.
2. Secretary, Department Of Personnel, Government Of
Rajasthan, Secretariat, Jaipur.
3. Union Of India, Through Secretary, Department Of
Personnel And Training, North Block, New Delhi - Pin
110001.
4. Union Public Services Commission, Through Secretary,
Dholpur House, New Delhi.
5. Shri Khajan Singh (Ras), Through Department Of
Personnel, Govt. Of Rajasthan, Jaipur.
6. Shri M.l. Chauhan (Ras), Through Department Of
Personnel, Govt. Of Rajasthan, Jaipur.
----Respondents
For Appellant(s) : Mr. Swadeep Singh Hora through VC
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
21/01/2022
This appeal arises out of an interim order dated 17.11.2021
passed by the learned Single Judge. The appellant-original
petitioner has challenged the wrong promotions in the writ
(2 of 3) [SAW-989/2021]
petition. On 06.05.2021 the learned Single Judge while issuing
notice in the writ petition had provided that the candidature of the
petitioner for promotion to IAS shall be considered treating senior
to those who are not in higher super time scale as on 31.12.2020.
Subsequently by an order dated 16.07.2021 the earlier interim
order passed on 06.05.2021 was vacated by the learned Single
Judge. Against this order the petitioner had preferred D.B. Special
Appeal Writ No.800/2021 which was withdrawn on 20.09.2021. In
the withdrawal order of course it was stated that the same was to
enable the appellant to seek appropriate remedy available to her
as per law. This however did not mean that the appellant could file
fresh application for stay in the same proceedings, that too
without any change of circumstances. On 25.10.2021 the learned
Single Judge once again dismissed the second stay petition. Yet
another attempt was made before the learned Single Judge to
obtain stay against the promotion by filing application No.8/2021.
This gave rise to the impugned order dated 17.11.2021. The
learned Single Judge has given detailed reasons and dismissed
this application.
We find that the appellant is making series of successive
attempts at stopping the promotions and thus wasting judicial
time. When once the stay was vacated by the learned Single
Judge and against such vacation of stay the appellant had
approached the Division Bench but withdrew the appeal, without
there being any change in circumstances, fresh attempts for
gaining stay against promotion would not succeed. This is in fact
third attempt and second appeal before the Division Bench.
(3 of 3) [SAW-989/2021]
The appeal is dismissed. The appellant shall note that she
has barely got away with order of cost.
(SAMEER JAIN),J (AKIL KURESHI),CJ
KAMLESH KUMAR/9
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