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2025 DAILYLAW 39540 (RAJ)

SURESH CHAND CHOUDHARY S/O SHRI MAHIPAL SINGH v. RAJASTHAN CIVIL SERVICES APPELLATE TRIBUNAL

SAW/274/2020 · 2025-08-06

Bhuwan Goyal, Inderjeet Singh

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Judgment text

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[2025:RJ-JP:30319-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 274/2020 Suresh Chand Choudhary S/o Shri Mahipal Singh, Aged About 69 Years, R/o Bhadra, District Hanumangarh, Rajasthan. ----Appellant Versus 1. Rajasthan Civil Services Appellate Tribunal, Jaipur Through Its Presiding Officer. 2. Director, Secondary Education, Government Of Rajasthan, Bikaner. 3. Shri Shashi Bhushan, R/o E-7, Pawanpuri, U.i.t. Colony, Bikaner. ----Respondents For Appellant(s) : Mr. Jai Kumar Yadav. For Respondent(s) : Mr. B.S. Chhaba, AAG assisted by Mr. Hardik. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 06/08/2025 This appeal has been filed by the appellant challenging the judgment dated 14.12.2019 passed by the learned Single Judge in S.B. Civil Writ Petition No.6576/2010. Admittedly, the petitioner has raised his grievance regarding the wrongful promotion before the Department by submitting a representation on 17.03.2001, stating therein that he was incorrectly granted promotion based on the DPC of the year 1983- 84, instead of the DPC of the year 1975. Counsel appearing on behalf of the appellant submits that while deciding the writ petition, the learned Single Judge has not [2025:RJ-JP:30319-DB] (2 of 2) [SAW-274/2020] considered the provision of the Rules which are applicable on the appellant and he relied upon certain provisions of the Rajasthan Educational Subordinate Services Rules, 1971, therefore, prayed for allowing the present appeal filed on behalf of the appellant. Learned Additional Advocate General has opposed the prayer made by the appellant. Heard counsel for the parties and perused the material available on record as well as the order passed by the learned Single Judge. After gone through the judgment impugned passed by the learned Single Judge, we are of the view that the learned Single Judge has not committed any illegality in dismissing the writ petition filed on behalf of the appellant for the reasons; firstly, the appellant has raised the dispute with regard to not granting him promotion from the year 1975 after a delay of 25 years before the Original Authority i.e. Tribunal; secondly, the appellant has not impleaded the affected person namely Kishore Kumar Vyas as party respondent in the writ petition and lastly, the appellant has already been retired from his service in the year 2007, therefore, after a delay of 17 years, we are not inclined to unsettle the settle position in the Department with regard to seniority and promotion. In that view of the matter, the appeal stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J MG/60