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2025 DAILYLAW 10114 (RAJ)

GHANSHYAM SHARMA v. SECRETARY EDUCATION DEP ANR

CW/14214/2012 · 2025-03-12

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:11474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14214/2012 Ghanshyam Sharma, Son of Late Mohan Lal Sharma, aged about 55 years, Resident of H.No. - 1168, Bandri Ke Nasik Ka Rasta, Jaipur ----Petitioner Versus 1. The Secretary, Education Department Group-VI, Govt. of Rajasthan, Secretariat, Jaipur 2. The Director, Sanskrit Education, Govt. of Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur ----Respondents For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : Ms. Manju Joshi-AGC JUSTICE ANOOP KUMAR DHAND Order 12/03/2025 1. By way of filing this writ petition, a prayer has been made by the petitioner for issuing a direction to the respondents to consider his case for promotion to the post of Lecturer as per the Rajasthan Sanskrit Education Subordinate Service Rules, 1978 (for short, ‘the Rules of 1978’) against the post lying vacant with the respondent-department. 2. Counsel for the petitioner submit that the controversy involved in this petition has already been set at rest by the Co- ordinate Bench of this Court, at Principal Seat Jodhpur in the case of Dr. Mahamaya Prasad Chobisa and Ors. Vs. State and Ors. while deciding S.B. Civil Writ Petition No. 4265/2015 on 04.01.2024. [2025:RJ-JP:11474] (2 of 2) [CW-14214/2012] 3. Counsel for the petitioner submits that he would be satisfied if this petition is disposed in the light of the same direction as issued in the case of Dr. Mahamaya Prasad Chobisa (Supra). 4. Counsel for the respondents has no objection. 5. The instant writ petition be disposed of with direction to the respondents to determine the vacancies for the post of Lecturer in College Education (Sanskrit) on a year-wise basis and thereafter, conducted the DPC meeting and consider the case of all the eligible candidate for their promotion strictly in accordance with law. Being considered and granted promotion is an integral part of service and a legitimate expectation, unless an employee is otherwise not eligible or not found deserving. Timely steps should thus be taken to prevent any discontent among employees, as this ultimately affects the dedication towards their duties and is therefore not in the best interest of the State Government itself. 6. Stay application and all pending application(s), if any, also stand dismissed. 7. Needless to observe that the respondents would do the needful exercise within a period of six months from the date of receipt of the certified copy of this order. (ANOOP KUMAR DHAND),J Ashu/105