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2024 Supreme(Raj) 704

SAMEER JAIN
Jaiveer Singh Solanki, S/o. Late Shri Chandra Singh – Appellant
Versus
State of Rajasthan, through Principal Secretary, Department of Energy, Government of Rajasthan – Respondent


Advocates Appeared:
For the Petitioners: Mr. Karan Tibrewal.
For the Respondents: Mr. R.N. Mathur, Sr. Adv. assisted by Mr. Shovit Jhajharia & Mr. R.D. Meena, Mr. Ajatshatru Mina with Mr. Movil Jeenwal, Ms. Aishwariya Sharma, Ms. Khushi Chirania, Mr. Umashankar Pandey for Mr. Bhuvnesh Sharma, AAG., Mr. Sachin Singh for Mr. S.S. Naruka, AAG, Mr. Vivek Kumar Meena, Mr. Shiva Nagar.

ORDER :

(Sameer Jain, J.) :

1. With the consent of learned counsel for the both the sides, and looking to the urgency voiced by the petitioners, the instant petition was taken up for final disposal.

2. The petition is preferred under Article 226 of the Constitution of India, with the following prayers, as reproduced herein-under:-

    “(i) to direct Respondent No.3 to conduct Review DPC in pursuance of circular dated 26.07.2022 for the vacancies of year 2022-23 and subsequent clarification thereof and consequently, promote the petitioners to the post of Additional Chief Engineer (E & M) against the vacancies for the year 2022-23;

(ii) to quash and set aside order dated 13.09.2023 (Annexure-11) to the extent of promotion of Respondent No.4 passed by Respondent No.3;

(iii) to issue any other appropriate relief which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioners;

(iv) to allow the cost of the writ petition in favour of the Petitioners.”

SUBMISSIONS ON BEHALF OF THE PETITIONERS

3. During the course of arguments, learned counsel for the petitioners, Mr. Karan Tibrewal, submitted that the instant petition is filed being a

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