Case Title: Kharta Ram & Ors. versus State Of Rajasthan & Anr.
Case No.: S.B. Civil Writ Petition No. 17805/2019
Decided on: 02.05.2023
Coram: JUSTICE DINESH MEHTA
Facts of the case:
Kharta Ram was appointed as Patwari on 29.09.1987, whereafter he was promoted to the post of Inspector Land Records (hereinafter referred to as ‘ILR’) in the meeting dated 14.01.2015 of the Departmental Promotion Committee (for short ‘DPC’) for the year 2014-2015.
The completion of the training, 136 person including the private respondents were allocated districts by way of order dated 31.03.2014 with a further stipulation that the place of posting would be provided by the concerned Divisional Commissioner. This group of 136 ILRs are jointly mentioned by the respondents in the seniority list as Batch No.24 and thus, referred hereinafter as ILRs of Batch No.24.
On 28.08.2019, final seniority list came to be published by the Board of Revenue in which the petitioners and other similarly situated persons who were promoted in the DPC held on 14.10.2014 were placed at serial no. 1403 to 1997 and the private respondents (batch No.24) were placed at serial no. 1998 to 2131.
The petitioners have not placed on record and challenged the subsequent seniority lists viz. the seniority list as on 01.04.2018, 01.04.2019 and more particularly, the seniority list as on 01.04.2021 on the basis whereof the promotion for the year 2020-21 would be given, though they have admitted the fact that exercise for promotion for the year 2019-20 has been undertaken. Persons promoted in the year 2019-20 are not affected by the issue raised in the present petition.
Judgement:
Without laying challenge to the seniority list of ILRs as on 01.04.2020 and succeeding in such challenge, the petitioners cannot claim that the respondents or ILRs of batch No.24 be not given promotion before them. Viewed from all the angles – individually or collectively, the petition merits rejection. The writ petition is, therefore, dismissed. Stay application and all interlocutory applications stand disposed of.
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Written by: Mahima Saini
