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2022 Supreme(Raj) 193

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Akil Abdul Hamid Kureshi, Sameer Jain, JJ.
Shruti Bhardwaj W/o Shri L. C. Aswal – Appellant
Versus
State of Rajasthan and Ors. – Respondents
D.B. Special Appeal Writ No. 989 of 2021
Decided On : 21-01-2022

Advocates:
Advocate Appeared:
For the Appellant :Swadeep Singh Hora, Advocate.

Headnote:

Constitution of India, 1950 - Obtain stay against the promotion by filing application - Successive attempts at stopping the promotions and thus wasting judicial time - Appellant-original petitioner has challenged the wrong promotions in the writ petition learned Single Judge while issuing notice in writ petition had provided that candidature of petitioner for promotion to IAS shall be considered treating senior to those who are not in higher super time scale - Petitioner had preferred D.B. Special Appeal Writ which was withdrawn withdrawal order of course it was stated that the same was to enable appellant to seek appropriate remedy available to her as per law – Held, Court find that the appellant is making series of successive attempts at stopping the promotions and thus wasting judicial time. When once stay was vacated by the learned Single Judge and against such vacation of stay appellant had approached Division Bench but withdrew appeal, without there being any change in circumstances, fresh attempts for gaining stay against promotion would not succeed - Appeal is dismissed.

JUDGMENT :

1. This appeal arises out of an interim order dated 17.11.2021 passed by the learned Single Judge. The appellant-original petitioner has challenged the wrong promotions in the writ petition. On 06.05.2021 the learned Single Judge while issuing notice in the writ petition had provided that the candidature of the petitioner for promotion to IAS shall be considered treating senior to those who are not in higher super time scale as on 31.12.2020. Subsequently by an order dated 16.07.2021 the earlier interim order passed on 06.05.2021 was vacated by the learned Single Judge. Against this order the petitioner had preferred D.B. Special Appeal Writ No. 800/2021 which was withdrawn on 20.09.2021. In the withdrawal order of course it was stated that the same was to enable the appellant to seek appropriate remedy available to her as per law. This however did not mean that the appellant could file fresh application for stay in the same proceedings, that too without any change of circumstances. On 25.10.2021 the learned Single Judge once again dismissed the second stay petition. Yet another attempt was made before the learned Single Judge to obtain stay against the promotion by filing application No. 8/2021. This gave rise to the impugned order dated 17.11.2021. The learned Single Judge has given detailed reasons and dismissed this application.

2. We find that the appellant is making series of successive attempts at stopping the promotions and thus wasting judicial time. When once the stay was vacated by the learned Single Judge and against such vacation of stay the appellant had approached the Division Bench but withdrew the appeal, without there being any change in circumstances, fresh attempts for gaining stay against promotion would not succeed. This is in fact third attempt and second appeal before the Division Bench.

3. The appeal is dismissed. The appellant shall note that she has barely got away with order of cost.

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