Parsa Ram Choudhary vs The State Of Rajasthan ...
2023 Latest Caselaw 1643 Raj

[2023/RJJD/004804]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6798/2022

Parsa Ram Choudhary S/o Shri Gena Ram Choudhary, Aged About 82 Years, Resident Of Borawar, Tehsil Makrana District Nagaur.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of Cooperative, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Registrar, Cooperative Societies, Rajasthan, Jaipur.

                                                                    ----Respondents


For Petitioner(s)             :    Mr. S.S. Gour.
For Respondent(s)             :



               HON'BLE MR. JUSTICE ARUN BHANSALI

                                        Order

10/02/2023

This writ petition has been filed by the petitioner seeking

following reliefs:-

"(i) The respondents may kindly be directed to promote the petitioner on the post of Inspector Grade - I and then on the post of Assttt. Registrar from the date it becomes due as per the seniority and length of service of the petitioner with all consequential benefits.

(ii) The respondent authorities may kindly be directed to grant all the benefits of the promotional post from the date upon which the petitioner would be promoted on the post of Inspector Grade - I and then on the post of Asstt. Registrar.

(iii) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."

It is inter-alia indicated in the petition that the petitioner was

appointed on the post of Assistant Inspector in the year 1959 and

was accorded promotion in the year 1965, whereafter, the

[2023/RJJD/004804] (2 of 4) [CW-6798/2022]

promotions of the petitioner from time to time became due,

however, he was not accorded promotions.

A Charge-sheet dated 04.12.1981 was issued to the

petitioner, which resulted in the imposition of penalty by the

Disciplinary Authority, though petitioner was exonerated by the

Inquiry Officer.

Feeling aggrieved, the petitioner filed SBCWP No.306/1992,

which came to be allowed by order dated 20.04.1998, against

which, Special Appeal was dismissed by the Division Bench on

13.11.2000.

When requisite reliefs pursuant to the judgment dated

20.04.1998 were not granted to the petitioner, the petitioner filed

SBCWP No.2493/2005, which came to be allowed by order dated

15.09.2011.

Whereafter, the said order, on filing of contempt petition by

the petitioner, came to be complied by the respondents and,

therefore, the contempt petition was dismissed.

Submissions have been made that with the passing of the

order dated 20.04.1998, the petitioner was entitled to promotion,

as a consequence of the quashing of the penalty imposed on the

petitioner, however, the said relief has not been granted to the

petitioner and, therefore, the petitioner got issued a legal notice

dated 11.04.2022 (Annex.6) to the respondents for according the

benefit of promotions to which the petitioner was entitled.

However, as the respondents have neither responded to the

said notice nor accorded the benefit to the petitioner, the present

petition has been filed.

[2023/RJJD/004804] (3 of 4) [CW-6798/2022]

Learned counsel for the petitioner made submissions that

once the petitioner was exonerated by passing of the judgment

dated 20.04.1998 by this Court, which order was upheld by the

Division Bench, the petitioner became entitled to promotions,

however, the same were not granted to the petitioner and,

therefore, the petitioner being entitled for the same, the

respondents be directed to do the needful.

When it was put to the counsel for the petitioner that the

petitioner retired on 31.07.1996 and the judgment exonerating

the petitioner was passed way back on 20.04.1998, what is the

explanation for the delay in filing the petition i.e. after almost 24

years of passing of the order dated 20.04.1998 and in the

meanwhile, though the petitioner had approached this Court by

filing another petition in the year 2005, inter-alia claiming similar

relief of promotion, which apparently was not pressed/not

granted, neither anything has been indicated in the petition nor

the counsel was in a position to indicate any sufficient reason in

this regard.

As already noticed hereinbefore, the petitioner retired on

31.07.1996, the petition filed by the him in the year 1992,

questioning the imposition of penalty, came to be decided on

20.04.1998, which was implemented in part leading to filing of

petition by the petitioner in the year 2005, wherein the petitioner

inter-alia sought relief of promotion purportedly as a consequence

of quashing of the charges. The second petition was allowed in the

year 2011, wherein either during course of submission the relief

was not pressed/was not granted by the Court.

[2023/RJJD/004804] (4 of 4) [CW-6798/2022]

Whereafter, when a contempt petition was filed, the Court

came to the conclusion that the directions issued by the Court

stand complied with and, therefore, it cannot be claimed by the

petitioner that as a consequence of passing of the orders by this

Court in the year 1998 and 2011, the petitioner was entitled to

get promotions.

The very fact that for all these years i.e. almost 24 years,

the petitioner choose not to seek any relief with regard to the

purported denial of promotion, the filing of the present petition

cannot be countenanced due to the latches in approaching the

Court. Besides the above fact, except for assuming and presuming

that petitioner would be entitled to promotion, no material worth

the name has been placed on record to indicate as to when the

petitioner became eligible and/or persons junior to the petitioner

were accorded promotions by the respondents so as to claim the

relief of promotions and on that count also, no case is made out in

the present petition.

In view of the above discussion, no case for interference is

made out in the petition. The same is, therefore, dismissed.

(ARUN BHANSALI),J 1-pradeep/-

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