Judicial precedent allows an employee to forego promotion if leveraging a past ruling, ensuring consistent application of service law.

Order

04/07/2025

1. Learned counsel for the petitioner submits that although the posting/transfer order dated 12.04.2025 (Annex.6) has been challenged in the present petition vide which the petitioner was transferred from Jalore to Jhalawar after being promoted from Senior Teacher to Lecturer, but he is now ready to forego his promotion.

2. Counsel submits that the petitioner may be permitted to forego his promotion in light of the judgment delivered by this Court in a bunch of cases led by Smt. Verma Lata Vs. The State of Rajasthan & Ors.; S.B. Civil Writ Petition No. 8761/2025 (decided on 26.05.2025).

3. Learned counsel Mr. N.K. Mehta, Dy.G.C. appearing for respondent Department raises an objection to the above submission and submits that the petitioner had never opted to forego his promotion and the present writ petition has also been filed challenging the transfer order only. Hence, he cannot be permitted at this stage to forego the promotion.

4. After hearing the counsels, this Court is of the opinion that as this Court has already taken a view in Smt. Verma Lata (supra) to the effect that any incumbent who did not join in pursuance to the posting order after promotion, would be entitled to exercise the option of forego the promotion, the present petitioner too deserves the same treatment.

5. In Smt. Verma Lata (supra), this Court while disposing of the writ petitions directed as under:

“44. The writ petitions are therefore, disposed of with the following directions:

(i) The petitioners shall be at liberty to file an application in writing, exercising their option to forego the promotion, within a period of 15 days from now.

(ii) The application shall be filed in writing clearly indicating the option to forego the promotion. The consequences of the said exercise of option, in terms of Rule 33 of the Rules of 2021, would follow.

(iii) The petitioners shall, along with their application, be under an obligation to file a specific undertaking to the effect that they would be governed by Rule 33 of the Rules of 2021 and would not raise any grievance qua the same, in future.

(iv) The petitioners shall also be under an obligation to file a specific undertaking to the effect that they will not claim any monetary or other benefit of the promotional post on which they had joined in pursuance to order dated 17.12.2024.

(v) The petitioners shall further undertake that any benefit, if any, availed by them because of their joining on the promotional post, shall be refunded back by them whenever called upon to do so by the respondents-

Authorities.

(vi) The decision on the applications as filed by the petitioners would be taken by the competent Authority positively within a period of four weeks of filing of the applications.

(vii) Till the applications as filed by the petitioners are decided, the petitioners shall continue on their present place of posting deeming them to be working on the post of ‘Sr. Teacher’, as they were working before being promoted.

(viii) Those petitioners who have been relieved after the orders of posting been passed, would also be entitled to file an application in writing to forego their promotion and the said applications shall also be decided in terms of the above directions.

The said petitioners shall, till the date their application is decided, be entitled to be reverted back to their original place of posting i.e. on the post which they were working before being promoted.

Needless to observe that they would be reverted only if the said seat is vacant as of date.

ix) Those petitioners who, after having been provided the place of posting, joined in pursuance to the same, wo