Gopal Rad vs State Of Rajasthan (2025:Rj-Jd:36181)
2025 Latest Caselaw 6253 Raj

Rajasthan High Court - Jodhpur

Gopal Rad vs State Of Rajasthan (2025:Rj-Jd:36181) on 13 August, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:36181]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14668/2025

Gopal Rad S/o Kishana Ram, Aged About 41 Years, R/o Ward No.
4, Jogliya, District Churu, Raj At Present Posted At Patwari
Patwar Circle, Tehsil Rajaldesar, District Churu, Raj.
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Secretary, Department Of
         Personal, Government Secretariat, Jaipur.
2.       Board Of Revenue Rajasthan, Ajmer, Ajmer Through Its
         Registrar.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Pradeep Jat
For Respondent(s)          :     Mr. S.R. Paliwal, GC



              HON'BLE MS. JUSTICE REKHA BORANA

Order

13/08/2025

1. Learned counsel for the petitioner submits that the issue

rests covered by the judgment passed by this Court at Jaipur in

Sandeep Kumar Berar Vs. State of Rajasthan & Anr.; S.B.

Civil Writ Petition No.18074/2018 (decided on 31.03.2022).

2. Learned counsel for the respondent-State is not in a position

to refute the fact that the issue does stand covered by Sandeep

Kumar Berar's case (supra). He further submits that the State

has preferred a special appeal against the judgment of Sandeep

Berar (supra).

3. It is admitted that there is no interim order operating in the

special appeal as filed by the State against Sandeep Kumar

Berar's case (supra). Further, the judgment of Sandeep Kumar

[2025:RJ-JD:36181] (2 of 2) [CW-14668/2025]

Berar (supra) is of 2022 and admittedly a special appeal has been

filed before the Division Bench in the year 2025.

4. In view of the above facts, the present writ petition deserves

to be decided in light of Sandeep Kumar Berar's case (supra).

5. The present writ petition is hence, disposed of with a

direction to the petitioner to file a representation to the

respondent-Authorities within a period of fifteen days from now.

6. The respondents shall be under an obligation to decide the

same strictly, keeping into consideration the ratio laid down in

Sandeep Kumar Berar's case (supra) and if the petitioner is

found entitled for promotion, appropriate orders be passed within

a period of four weeks from the date of filing of the

representation.

7. The direction as issued in Sandeep Kumar Berar's case

(supra) that the said promotion shall be subject to the outcome of

the criminal proceedings pending against the petitioner, shall apply

to the present petitioner too.

8. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 264-Devanshi/-

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