Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 1499 (RAJ)

Dharmendra Kumar Meena v. State of Rajasthan

2023-08-07

ASHUTOSH KUMAR, VIJAY BISHNOI

body2023
ORDER : This present appeal has been filed on behalf of the appellant being aggrieved with the judgment dated 13.12.2017 passed in SB Civil Writ Petition No.19729/2017, whereby the writ petition filed by the petitioner has been dismissed. 2. The fact, which are not in dispute, are that the appellants are working as Patwari in the Revenue Department and they belong to Scheduled Tribe category. The grievances of the appellants is that they were not promoted to the post of Inspector, Land Records only on account of the fact they belong to the Scheduled Tribe category. 3. Learned counsel for the appellants has submitted that the learned Single Judge has dismissed the writ petition filed by the petitioners while taking into consideration the notification dated 11.09.2011 of the Department of Personnel, Government of Rajasthan. It is further submitted that the learned Single Judge has dismissed the writ petition by misinterpreting the aforesaid notification. It is also submitted it appears that the learned Single Judge has passed the impugned order while treating that the appellants were earlier promoted and now they are seeking further promotion, whereas the fact remains that the appellants sought only first promotion on the higher post after being appointed as Patwari. 4. Learned counsel for the appellants has submitted that the controversy raised by the petitioners before the learned Single Judge was squarely covered by judgment dated 20.03.2015 passed by the Division Bench of this Court in DB Civil Special Appeal (Writ) No.1336/2011 (Satya Narain and Ors. v. State of Rajasthan and Ors.) and other connected appeals. 5. Learned counsel for the appellants has also submitted that the Single Bench, Rajasthan High Court, Jodhpur has also taken a similar view in SB Civil Writ Petition Nos.11878/2015 and 14276/2013 decided on 09.01.2018 and 24.11.2020 respectively. 6. Learned counsel for the appellants, therefore, prayed that the instant appeal may kindly be allowed, the impugned order be set aside and the reliefs prayed for by the appellants may be granted. 7. Learned AAG appearing on behalf of the respondents has frankly admitted that the case of the appellants is to be considered in view of the subsequent notification issued by the Joint Secretary, Divisional Commissioner, Jaipur dated 18.10.2016 as the appellants have wrongly been denied promotion solely on the ground that they belong to the reserved category. 8. 7. Learned AAG appearing on behalf of the respondents has frankly admitted that the case of the appellants is to be considered in view of the subsequent notification issued by the Joint Secretary, Divisional Commissioner, Jaipur dated 18.10.2016 as the appellants have wrongly been denied promotion solely on the ground that they belong to the reserved category. 8. In view of the above, the instant appeal is allowed and the impugned order passed by the learned Single Judge dated 13.12.2017 is set aside. 9. The respondents are directed to consider the case of the appellants in the light of the communication dated 18.10.2016 passed by the Joint Secretary, Divisional Commissioner, Jaipur and hold a review DPC in consonance with the above communication within three months from the date of production of certified copy of this order and if the appellants are found entitled for promotion, they shall be granted all consequential benefits.