[2025:RJ-JP:47161]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 25429/2018 Saroj Yadav W/o Anil Kumar D/o Jagram Yadav, Aged About 32 Years, R/o Village Karwar Ki Dhani, Tehsil Kotkasim, District Alwar (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Director Secondary Education, Bikaner (Raj.)

2. Deputy Director, Secondary Education, Jaipur Division, Shiksha Sankul, Jaipur (Raj.)

3. Vijay Kumar Sharma, Lecturer (Geography), Govt. Sec.

Senior Secondary, School, Roadkalan, District Kaurali (Raj.)

----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Devansh Sharma, Dy.GC Mr. Vijay Pathak HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

21/11/2025

1. The instant writ petition has been filed by the petitioner to permit the petitioner to join on the post of Teacher School Lecturer Grade-I (Home Science) in pursuance of the order dated 13.03.2018 or in alternate the respondents may be directed to include the name of the petitioner in the list of promotion issued on 09.06.2018 as regards the promotion to the post of School Lecturer (Geography) against the vacancy of the year 2018-19.

2. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Teacher Grade-II on

14.09.2012 and she was said to have been allowed promotion on the post of School Lecturer (Home Science) vide order dated 13.03.2018 against the vacancy of the year 2017-18, but since the said promotion and posting order was never intimated at the place of posting of the petitioner at the relevant time and she was not relieved for joining on the promotional post that was illegally treated against the petitioner as it the petitioner choose to forego the promotion.

3. Learned counsel further submits that the petitioner has also completed her post graduate degree in Geography in the year 2017 and entry of the same was made in the service book of the petitioner on 12.03.2018 and she became eligible for promotion to the post of School Lecturer (Geography) against the vacancy of the year 2018-19.

4. Learned counsel further submits that the respondents have issued promotion order for the post of School Lecturer (Geography) against the vacancy of the year 2018-19 and gave promotion to the persons who were junior to her ignoring the claim of the petitioner for promotion. He also submits that though the petitioner has been promoted to the post of School Lecturer (Geography) against the vacancy of the year 2020-21, in such circumstances the petitioner be held to be entitled for promotion to the post of School Lecturer (Geography) against the vacancy of the year 2018-19 and be allowed all other consequential benefits.

5. Learned counsel appearing for the respondents submits that the claim of the petitioner is not sustainable for the reasons that the petitioner was initially allowed promotion on the post of School Lecturer (Home Science) vide order dated 18.03.2018 and since she has not joined on the promotional post, she was treated to have foregone the promotion and in such circumstances, the claim of an employee for promotion is deferred for further period of three years. He also submits that after three years, the petitioner has already been accorded promotion on the post of School Lecturer against the vacancy of the year 2020-21.

6. Considered the submissions made at bar and also perused the material made available on record.

7. As per the facts on record, the petitioner was initially appointed on the post of Teacher Grade-II (English) on 14.09.2012. The petitioner has also completed her post graduate course in Geography on 23.09.2017 and the entry in regard to that was recorded in service book of the petitioner on 12.03.2018. 8. The petitioner is said to have been given promotion on the post of School Lecturer (Home Science) vide order dated 13.03.2018. The order dated 13.03.2018 speaks that in case any employee is given promotion, may give in writing if he wants to forego the prom