Virendra Singh vs State Of Rajasthan
2023 Latest Caselaw 280 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17375/2022

Virendra Singh S/o Shri Vishnu Singh Rathore, Aged About 53 Years, Resident Of Village And Post Dhingi, Tehsil Taranagar, District Churu At Present Posted As School Lecturer At Govt. Senior Secondary School, Bhamasi, Churu.

----Petitioner Versus

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

2. Director, Secondary Education, Bikaner, Rajasthan.

3. Joint Director, Secondary Education, Churu, Rajasthan.

4. District Education Officer, Secondary Education, Churu, Rajasthan.

5. Principal, Govt. Senior Secondary School, Bhamasi, Tehsil And District Churu.

----Respondents

For Petitioner(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Hemant Choudhary, Govt. Counsel

JUSTICE DINESH MEHTA

Order

09/01/2023

1. The petitioner has approached this Court with a grievance

that in spite of the fact that he has been promoted vide order

dated 02.11.2022, the respondents are not relieving him to join at

the promotional post.

2. Mr. Choudhary, learned Government Counsel submitted that

the petitioner's promotion stood cancelled in the review DPC.

3. At this juncture, Mr. Bijarnia, learned counsel for the

petitioner argued that on account of having three children after

01.06.2002, the petitioner's benefit of ACP has already been

(2 of 2) [CW-17375/2022]

revoked by the respondents and, therefore, denial of promotion on

the very same count (i.e. having more than two children after

01.06.2002) amounts to double jeopardy.

4. While keeping the present petition pending, the petitioner is

directed to file a detailed representation before the Director/

competent authority of the respondents along with photocopy of

the judgments, he relies upon.

5. In case, the representation is filed within a period of 7 days'

from today, the competent authority shall consider the same in

accordance with law, as early as possible preferably before the

next date of hearing.

6. List this case on 20.02.2023.

7. Meanwhile, in case the petitioner is restrained from joining/

fails to join on the promotional post pursuant to the order dated

02.11.2022, no prejudicial action shall be taken against him.

8. Connect with S.B. Civil Writ Petition No. 5379/2022.

(DINESH MEHTA),J

110-Inder/-

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