ORDER :

1. The present writ petition has been filed against the impugned order dated 19.08.2019 whereby the petitioner was directed to be posted with the Elementary Education Department.

2. The brief facts of the case are that the petitioner was appointed as Teacher Grade-III with the Education Department. Vide order dated 26.09.2013, he was sent on deputation as PFT Manager/Coordinator to Rajasthan Gramin Aajivika Vikas Parishad (hereinafter referred to as ‘Council’). The said order of deputation strictly mentioned that the deputation can be cancelled at any stage and delinquent would be required to join back his parent department with immediate effect. During the time when the petitioner was working on deputation with the Council, he was promoted as Teacher Grade-II vide order dated 03.12.2016 by his parent department. As the petitioner was working on deputation with the Council, he moved an application on 12.12.2016 to his parent department requesting for grant of proforma promotion. The same was not allowed and ultimately, he was relieved from his deputed department i.e. Council on 29.05.2019. After being relieved, the petitioner approached his parent department and vide order dated 19.08.2019, a direction was issued by the Competent Authority of the Secondary Education Department to the District Education Officer of the Elementary Education Department to provide an appropriate posting to the petitioner. Against the said order dated 19.08.2019, the present petition has been preferred.

3. It has been submitted by learned counsel for the petitioner that as he had been promoted as Teacher Grade-II vide order dated 03.12.2016, he could not have been directed to be posted with the Elementary Education Department. Learned counsel submitted that he ought to have been posted with the Secondary Education Department and the order impugned is bad in the eyes of law. Learned counsel submitted that as soon as the order of promotion dated 03.12.2016 was issued, he applied for proforma promotion on 12.12.2016 and the same ought to have been accepted by the respondent-parent department. Learned counsel submitted that similarly situated employees were granted the proforma promotion by the Department and for the same, he relied upon an office order dated 20.12.2016 whereby, the proforma promotion was granted to other employees (Annex.-5).

4. Learned counsel for the petitioner further submitted that after the promotion order being passed, he even applied to the Council for being relieved but he was not relieved and to substantiate his submission, learned counsel relied upon the document dated 25.11.2016 whereby a communication was sent by the council to the Secondary Education Department for further instructions.

5. In support of his submissions, learned counsel relied upon the judgment passed by this Court in the case of Keshar Singh Rajpurohit Vs. State of Rajasthan and Ors.; S.B. Civil Writ Petition No.7490/2017 decided on 05.03.2018.

6. Per contra, learned counsel for the respondents submitted that the present one is a clear case of defiance of the orders of the Department by the petitioner. Learned counsel submitted that the consent for deputation was granted by the parent department in the year 2013 which ended in the year 2015 and thereafter, there was no cause for the petitioner not to join back the parent department. Learned counsel further submitted that the petitioner did not ever wish to join back his parent department and therefore, this was a clear case of forgoing of the promotion in terms of the promotion order. Learned counsel submitted that the petitioner was relieved way back by the deputed department (Council) but against the order of relieving, the petitioner preferred a writ petition before this Court and an interim order was passed in his favour initially in S.B. Civil Writ Petition No.7690/2016 and further in S.B. Civil Writ Petition No.8209/2019. It is only after the dismissal of his writ petition No.8209/2019 on 14.08.201