[2025:RJ-JP:49224] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18515/2025 Anil Kumar Bairwa S/o Shri Pooran Chand Bairwa, Aged About 36 Years, R/o 8-Rr Villa Colony, Near Sitapura Pulia, Jaipur. Presently Working As A.en. (Civil) In Nagar Nigam, Murlipura Zone, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Local Self Government Department, Government Of Rajasthan, Secretariat, Jaipur 2. Director And Special Secretary, Local Self Government Department, G-3, Rajmahal Residency Area, Near Civil Line Phatak, C-Scheme, Jaipur ----Respondents For Petitioner(s) : Mr. Vijay Pathak Mr. Vinod Singhal For Respondent(s) : Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/12/2025 1. Instant writ petition is preferred with following prayer:- It is therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate order or direction, the respondents may kindly be directed to hold the review DPC and grant promotion to the petitioner to the post of Asst. Engineer (Civil) Diploma Holder against the vacancies of the year 2019-20 with all consequential benefits and the arrears whereof be paid to him with interest @ 12% p.a. within a time frame. [2025:RJ-JP:49224] (2 of 3) [CW-18515/2025] The respondents may further be directed to place the petitioner’s name at an appropriate place in the seniority list of Executive Engineers and accordingly his candidature be considered and he be promoted on the said post according to his seniority with all consequential benefits to him. 2. Mr. Bhuwnesh Sharma, AAG accepts notice on behalf of respondents. 3. Office is directed to reflect the name of Mr. Bhuwnesh Sharma, AAG as counsel for respondents. 4. Learned counsel for petitioner while placing reliance upon judgment in case of Dr. Ashok Singhvi Vs. State of Rajasthan & Ors.: S.B. CWP No.10978/2010 (Order dated 04.01.2013), Rajendra Singh Rao Vs. State of Rajasthan & Ors.: S.B. CWP No.8482/2008 (Order dated 19.11.2010) and Jabbar Singh Charan Vs. State of Rajasthan & Ors.: S.B. CWP No.7119/2022 (Order dated 10.05.2023) submits that the case of present petitioner is squarely covered by the judgment as referred by him. He further submits that punishment order passed by the respondents is contrary to the settled proposition of law, therefore, the respondents are bound to consider grounds mentioned in the writ petition of the writ petitioner in light of the ratio as referred by him. 5. Having considered submission of learned counsel for the parties, it is appropriate to dispose of the writ petition with liberty to the petitioner to file a representation to the respondents. 6. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the [2025:RJ-JP:49224] (3 of 3) [CW-18515/2025] respondents-Authority are directed to decide the representation in light of ratio laid down in case referred hereinabove with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondent is under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition. 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /184