Babu Lal Yadav vs State And Ors (2023/Rjjd/002653)
2023 Latest Caselaw 1089 Raj

[2023/RJJD/002653]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14908/2016

Babu Lal Yaday S/o Ramesh Dayal Yadav, Resident Of Street
No.9, Patel Nagar, Bikaner. At Present Working At Government
Higher Secondary School, Desalsar Purohitan, Panchu, Bikaner
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan Resopondent No. 1 State Of
         Rajasthan Through The Secretary, Education Department,
         Government Of Rajasthan, Jaipur
2.       The Director, Secondary Education, Bikaner
3.       Deputy Director, Secondary Education, Bikaner
4.       District Education Officer, Secondary Education, Bikaner
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rajeev Purohit
For Respondent(s)         :     Mr. Vishal Jangid, Dy.GC.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

27/01/2023

      Learned counsel for the parties jointly submit that the issue

raised in the present writ petition is no more res-integra and is

covered by the decision rendered by a coordinate Bench of this

Hon'ble Court in Narendra Singh Yadav Vs. State of Rajasthan & Ors.

(S.B. Civil Writ Petition No.14865/2016) decided on 08.02.2018. The

relevant portion of the judgment reads as under:


            "In view of the indications made by the University in
      Annex.R/1, the judgment in the case of Deepak Bariya
      (supra) and Komal Purohit (supra), the action of the
      respondents in holding that the petitioner as ineligible for
      counseling / promotion on the post of Senior Teacher /
      Teacher Gr.II, cannot be sustained.

                     (Downloaded on 31/01/2023 at 09:27:04 PM)
                                    [2023/RJJD/002653]                      (2 of 2)                     [CW-14908/2016]


                                                  Consequently, the writ petition filed by the petitioner
                                         is allowed. The list (Annex.5) indicating the name of
                                         petitioner as ineligible candidates, qua the petitioner, is
                                         quashed and set aside.
                                                  The respondents are directed to hold counseling /
                                         convene Review DPC for promotion on the post of Senior
                                         Teacher / Teacher Gr.II for the DPC year 2016-17 and, in
                                         case, the petitioner is otherwise eligible and is in seniority,
                                         accord benefit / promotion to the petitioner w.e.f. the date
                                         person juniors to the petitioner, in terms of list (Annex.4)
                                         have      been   accorded       benefit      /   promotion    with   all
                                         consequential benefits, however, the petitioner would be
                                         entitled to monetary benefits, if any, from the date the
                                         order is passed.
                                                  Needful be done within a period of six weeks from
                                         the date of this order."

                                         In light of the aforequoted order, the present petition is

                                   allowed in the same terms. All pending applications stand

                                   disposed of.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

184-Zeeshan

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