HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
SMT. NANDINI GURJAR D/O SHRI BADRI LAL GURJAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 3246 / 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.3246/2026 Smt. Nandini Gurjar D/o Shri Badri Lal Gurjar & Ors.
----Petitioners Versus State of Rajasthan & Ors.
----Respondents For Petitioner(s) : Mr. Akshat Chaudhary For Respondent(s) : Mr. Umesh Choudhary on behalf of Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ANAND SHARMA
Order
18/02/2026 Learned counsel for the petitioners submits that vide order dated 30.08.2022, after convening the meeting of DPC, the petitioners were promoted to the post of Senior Patwari. Thereafter, they have been discharging his duties as Senior Patwari.
Learned counsel for the petitioners further submits that in compliance of judgment passed by Co-ordinate Bench of this court at Principal Seat, Jodhpur in S.B. CWP No. 12391/2022 (Rajneesh Labana & Ors. Vs. State of Rajasthan & Ors.) Review DPC has been conducted by the respondents and pursuant to such Review DPC vide order dated 03.02.2026, promotions of the petitioners have been cancelled and directions have been given to revert them again on the lower post of Patwari.
Learned counsel for the petitioners also submits that the petitioners were not party in S.B. CWP No.12391/2022 and therefore, before taking any action against the petitioners, they were required to be heard. However, without giving any opportunity of hearing, directions for reversion of the petitioners have been given.
Learned counsel for the petitioners further submits that the petitioners were promoted against the vacancy year 2022-23 and even thereafter, in last two years, promotions have been taking place in respondent-Department. He also submits that assuming for a moment, the petitioners were not entitled for the vacancy year 2022-23 even then, they could have been simultaneously considered for promotion against the vacancies of very next year. However, without carrying out such exercise and ignoring the fact that, even in the case of Rajneesh Labana (supra), no directions for reverting the petitioners have been given, impugned order dated 03.02.2026 has been passed in quite arbitrary manner.
Matter requires consideration.
Issue notices to the respondents.
Mr. Umesh Choudhary, learned counsel, for Mr. V.D. Gathala, learned Additional Government Counsel, appears on behalf of respondents and waives their service.
Learned counsel for the petitioners is directed to serve two copies of present writ petition in the office of Mr. V.D. Gathala, AGC.
Office is directed to reflect the name of Mr. V.D. Gathala, AGC, in the cause list as counsel for the respondents.
Learned counsel for the respondents shall seek instructions and file reply to the writ petition.
List this matter on 24th March, 2026.
In the meanwhile and till further orders, the petitioners shall be allowed to continue on the post of Senior Patwari.
(ANAND SHARMA),J DAKSH/73
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