Rajasthan High Court - Jodhpur
Abhay Kumar Sharma vs State Of Rajasthan (2025:Rj-Jd:35615) on 11 August, 2025
[2025:RJ-JD:35615]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14977/2025
Abhay Kumar Sharma S/o Mahesh Chandra Sharma, Aged About
57 Years, R/o M. No 2, Madhav Nagar, Chitrakoot Nagar, Behind
Mahila Ashram College, Bhilwara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, School
Education Department, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Principle, Shri Tejsingh Government Senior Secondary
School, Peepli Block, Suvana, Bhilwara, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Shivatma Kumar Tank (through
VC)
For Respondent(s) : Mr. N.K. Mehta, Dy.GC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
11/08/2025
1. Learned counsel for the petitioner submits that although the
posting/transfer order dated 12.04.2025 (Annex.2) has been
challenged in the present petition vide which the petitioner was
transferred after being promoted from Senior Teacher to Lecturer,
but he is now ready to forego his promotion.
2. Counsel submits that the petitioner may be permitted to
forego his promotion in light of the judgment delivered by this
Court in a bunch of writ petitions led by Smt. Verma Lata
Vs.The State of Rajasthan & Ors.; S.B. Civil Writ Petition
No.8761/2025 (decided on 26.05.2025) & other connected
matters.
[2025:RJ-JD:35615] (2 of 4) [CW-14977/2025]
3. Learned counsel Mr. N.K. Mehta, Dy.G.C. appearing for
respondent Department raises an objection to the above
submission and submits that the petitioner had never opted to
forego his promotion and the present writ petition has also been
filed challenging the transfer order only. Hence, he cannot be
permitted at this stage to forego his promotion.
4. After hearing the counsels, this Court is of the opinion that
as this Court has already taken a view in Smt. Verma Lata
(supra) to the effect that any incumbent who after having been
provided the place of posting, joined in pursuance to the same,
would also be entitled to move an application in writing in terms of
Direction No. (i) and the consequences shall follow, the present
petitioner too deserve the same treatment.
5. In Smt. Verma Lata (supra), this Court while disposing of
the writ petitions directed as under:
"44. The writ petitions are therefore, disposed of with
the following directions:
(i) The petitioners shall be at liberty to file an application
in writing, exercising their option to forego the
promotion, within a period of 15 days from now.
(ii) The application shall be filed in writing clearly
indicating the option to forego the promotion. The
consequences of the said exercise of option, in terms of
Rule 33 of the Rules of 2021, would follow.
(iii) The petitioners shall, along with their application,
be under an obligation to file a specific undertaking to
the effect that they would be governed by Rule 33 of the
[2025:RJ-JD:35615] (3 of 4) [CW-14977/2025]
Rules of 2021 and would not raise any grievance qua the
same, in future.
(iv) The petitioners shall also be under an obligation to
file a specific undertaking to the effect that they will not
claim any monetary or other benefit of the promotional
post on which they had joined in pursuance to order
dated 17.12.2024.
(v) The petitioners shall further undertake that any
benefit, if any, availed by them because of their joining
on the promotional post, shall be refunded back by them
whenever called upon to do so by the respondents-
Authorities.
(vi) The decision on the applications as filed by the
petitioners would be taken by the competent Authority
positively within a period of four weeks of filing of the
applications.
(vii) Till the applications as filed by the petitioners are
decided, the petitioners shall continue on their present
place of posting deeming them to be working on the post
of 'Sr. Teacher', as they were working before being
promoted.
(viii) Those petitioners who have been relieved after the
orders of posting been passed, would also be entitled to
file an application in writing to forego their promotion
and the said applications shall also be decided in terms
of the above directions. The said petitioners shall, till the
date their application is decided, be entitled to be
reverted back to their original place of posting i.e. on the
[2025:RJ-JD:35615] (4 of 4) [CW-14977/2025]
post which they were working before being promoted.
Needless to observe that they would be reverted only if
the said seat is vacant as of date.
ix) Those petitioners who, after having been provided
the place of posting, joined in pursuance to the same,
would also be entitled to move an application in writing
in terms of direction No.1 and the consequences shall
follow."
6. In view of the above, the present writ petition is disposed
of in the same terms and directions as passed in the case of Smt.
Verma Lata (supra).
7. Stay petition and pending applications, if any, stand disposed
of.
(MUNNURI LAXMAN),J
155-Dharmendra Rakhecha/-
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