Smt. Vimala And Ors vs State And Ors (2025:Rj-Jd:13096)
2025 Latest Caselaw 8415 Raj

Citation : 2025 Latest Caselaw 8415 Raj
Judgement Date : 7 March, 2025

Rajasthan High Court - Jodhpur

Smt. Vimala And Ors vs State And Ors (2025:Rj-Jd:13096) on 7 March, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:13096]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5698/2016

Smt. Vimala And Ors

----Petitioner Versus State And Ors

----Respondent

For Petitioner(s) : Mr. Manvendra Singh For Respondent(s) : Mr. NK Mehta

JUSTICE DINESH MEHTA

Order

07/03/2025

1. Mr. N.K. Mehta, learned counsel for the respondents, at the

outset, submitted that a bunch of writ petitions led by S.B. Civil

Writ Petition No.7936/2018 (Arun Kumar Agarwal & Ors. Vs.

Stateof Rajasthan & Ors.) involving the common question of facts

and law have been dismissed by this Court vide order dated

03.01.2025.

2. For the sake of convenience, operative part of the order

dated 03.01.2025 is reproduced herein infra:-

"10. Admittedly, the order impugned dated 18.04.2016 came to be passed pursuant to review DPC that was convened by the respondent-State. The fact that the persons who have been granted promotion pursuant to review DPC are/were senior to the petitioners is not disputed. Such being the factual backdrop, the observance of principles of natural justice, even if made, would have been an empty formality.

[2025:RJ-JD:13096] (2 of 2) [CW-5698/2016]

11. The petitioners reversion is a natural concomitant of grant of promotion to the persons senior to them, which has been done in review DPC.

12. It is a settled position of law that non- observance of principles of natural justice per-se does not vitiate the administrative orders unless the petitioners are able to demonstrate to the Court that non-observance of principles of natural justice has led to miscarriage of justice and the petitioner held a plausible defence.

13. The Court has given post decisional hearing and nothing wrong could be pointed out. The challenge to the order impugned simply on the basis of non- adherence to the principles of natural justice is untenable in the present factual matrix.

14. This Court does not find any error or illegality in the order impugned. All these writ petitions, therefore, fail.

15. It is therefore, ordered that since the petitioners have been asked to join the promotional posts on the basis of validly passed orders, the respondent-State shall not initiate any recovery proceedings against the petitioners for the purported erroneous promotion that has been granted to them."

3. While following the judgment dated 03.01.2025 passed by

this Court in the case of Arun Kumar Agarwal (supra), the present

writ petition also stands dismissed.

4. The stay application also stands dismissed accordingly.

(DINESH MEHTA),J 150-raksha/-