Rajasthan High Court - Jodhpur
Hanuman Godara vs The State Of Rajasthan ... on 4 July, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:28957]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12214/2025
Hanuman Godara S/o Shri Mangala Ram, Aged About 45 Years,
R/o Shimla Khara, Khara, District Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Education
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Director, Secondary Education, Bikaner.
3. The Joint Director, School Education, Jodhpur Division,
Jodhpur.
4. Principal, Mahatma Gandhi, Government School,
Balsamand, District Jodhpur.
5. Principal, Government Senior Secondary School, Potaliya,
District Banswara.
----Respondents
For Petitioner(s) : Mr. Vishal Jangid
Mr. Devang
For Respondent(s) : Mr. N.K. Mehta, Dy.G.C.
HON'BLE MS. JUSTICE REKHA BORANA
Order
04/07/2025
1. Learned counsel for the petitioner submits that although the
posting/transfer order dated 12.04.2025 (Annex.4) has been
challenged in the present petition vide which the petitioner was
transferred from Jodhpur to Banswara 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
[2025:RJ-JD:28957] (2 of 3) [CW-12214/2025]
Court in a bunch of cases led by Smt. Verma Lata Vs. The State
of Rajasthan & Ors.; S.B. Civil Writ Petition No. 8761/2025
(decided on 26.05.2025).
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 the 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 did not join in pursuance to
the posting order after promotion, would be entitled to exercise
the option of forego the promotion, the present petitioner too
deserves 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
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
[2025:RJ-JD:28957] (3 of 3) [CW-12214/2025]
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 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.
(REKHA BORANA),J
192-manila/-
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