HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3395/2026 Sudesh Kumai Yadav & Ors.

----Petitioners Versus State of Rajasthan & Ors.

----Respondents For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Mr. Umesh Choudhary on behalf of Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ANAND SHARMA

Order

20/02/2026 Learned counsel for the petitioners submits that vide order dated 25.07.2022, 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 petitioner 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 petitioner also submits that the petitioner was not party in S.B. CWP No.12391/2022 and therefore, before taking any action against the petitioner, she was required to be heard. However, without giving any opportunity of hearing, directions for reversion of the petitioner has been given.

Learned counsel for the petitioner further submits that the petitioner was 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 petitioner was not entitled for the vacancy year 2022-23 even then, she 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 petitioner 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 petitioner 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 24^th March, 2026.

In the meanwhile and till further orders, the petitioner shall be allowed to continue on the post of Senior Patwari.

(ANAND SHARMA),J DAKSH/8