[2025:RJ-JP:42876]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15825/2025 Brij Mohan Lal Meena S/o Shri Kashi Ram Meena, Aged About 46 Years, R/o Village And Post Danalpur, Tehsil Srimahaveer Ji District Karauli, At Present Working As Vice Principal In Government Senior Secondary School, Narayana Block Masalpur, District Karauli.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Secretary, Personnel (A-2) Department, Government Of Rajasthan, Secretariat, Jaipur.

3. Director, Secondary Education, Bikaner.

----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

17/10/2025

1. Instant writ petition is preferred by the petitioner with following prayer:-

“It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate order or direction, the impugned promotion order no. 2023-2024-E-07686 and the Circular dated 22.10.2024, so far as they relate to the petitioner and adversely affect his rights may kindly be quashed set-aside and respondents may kindly be directed to promote the petitioner as Vice Principal in the selection year 2023- 2024 with all consequential benefits and the arrears whereof, if any, be paid to him with interest @ 12% р.а.

Any other appropriate order or direction, the respondents may kindly be directed that petitioner be allowed in counselling for posting of Vice Principal in the appropriate place alongwith candidates of DPC Year

2023-2024.

Any other appropriate order or direction, which this Court may deem just and proper in the facts of the present case, may also be passed in favour of the petitioner.”

2. Learned counsel for the petitioner while placing reliance upon judgment dated 07.05.2024 in S.B. Civil Writ Petition No.20358/2018 (Raghuveer Singh Vs. State of Rajasthan and Ors.) submits that the legal issue raised by the present petitioner is already considered and decided by a Co-ordinate Bench of this Hon’ble Court. He also submits that even by circular dated 22.10.2024 (Annexure-5), DOP has also directed that a penalty of censure will not be sufficient to withhold any promotion based on seniority cum merit or withholding any increment.

3. Considering submissions of learned counsel for the petitioner and also the material and judgment as referred hereinabove, it is appropriate to grant a liberty to the petitioner to submit a representation for reconsideration of case of the present petitioner in light of judgment and circular as referred hereinabove.

4. The petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 15 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioner but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition.

5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J MR/239