SHARAD MEHRA S/O LATE SHRI SATISH CHAND MEHRA v. STATE OF RAJASTHAN
CW/19908/2025 · 2025-12-19
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41406 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41406 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:51844] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19908/2025
1. Sharad Mehra S/o Late Shri Satish Chand Mehra, Aged About 57 Years, R/o 6/388, Chitrakoot, Ajmer Road, Jaipur, Presently Posted As Ig Registration And Stamps, Ajmer
2. Hem Pushpa Sharma S/o Sh. Jugal Kishore Sharma, Aged About 59 Years, R/o B-704 Casaprime, Terminal 2 To State Hunger Road, Near Jawahar Circle, Jaipur, Presently Posted As Director Sipf
3. Dr. Ghanshyam S/o Sh. Gulya Ram, Aged About 61 Years, R/o 38, Govindpuri, Chambal Power House Road, Hawa Sadak, Jaipur 302019
4. Sita Ram Jat S/o Ram Chandra Jat, Aged About 59 Years, R/o H.no. 09, Sukhija Vihar- C, Ganpatpura Chak-1, Sanganer, Jaipur
5. Mahendra Khadgawat S/o Late Sh. Poonam Chand Khadgawat, Aged About 57 Years, R/o Pearl Medha, Flat No. 503, Mahatma Gandhi Marg, Bapu Nagar, Jaipur, Presently Posted As District Collector Didwana Kuchaman. 6. Dr. Om Prakash Bairwa S/o Late Shri Shreelal Bairwa, Aged About 59 Years, R/o 256-257, Parashvanath Nagar, Sanganer Jaipur 302011, Presently Posted As Commissioner, College Education, Jaipur
7. Naresh Kumar Goyal S/o Sh. Phusa Ram Goyal, Aged About 53 Years, R/o A 502 Star Residency Dcm, Ajmer Road, Jaipur, Presently Posted As Additional Director Medical Education Jaipur
8. Smt. Amita Sharma D/o Sh. Jugal Kishore Sharma, Aged About 54 Years, R/o E16 Near Pwd Chauki, Gandhi Nagar, Jaipur, Presently Posted As Addl Director Dta And Project Director Ifms And Dta (Addl. Charge)
9. Narender Kumar Manghani S/o Sh. Late Shri Lachhman Das, Aged About 52 Years, R/o 42/79/04, Varunpath, Mansarovar, Jaipur, Presently Posted As Joint Secretary, Planning (Coordination) Department, Secreteriat, Jaipur
10. Neetish Sharma S/o Sh. Sh. Jn Sharma, Aged About 50 Years, R/o 2/64, Gandhi Nagar, Jaipur-302015, Presently Posted As Director, Cm Office
[2025:RJ-JP:51844] (2 of 4) [CW-19908/2025] ----Petitioners Versus
1. State Of Rajasthan, Through The Chief Secretary, Govt. Of Rajasthan, Government Secretariat, Government Of Rajasthan, Jaipur. 2. Secretary, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur
3. Under Secretary, Ministry Of Personnel, Public Grievances And Pensions, Department Of Personnel And Training, North Block, New Delhi. ----Respondents For Petitioner(s) : Mr. Akhil Simlot Mr. Ashvini Raj Tanwar For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/12/2025
1.
This writ petition has been filed by the petitioners with the following prayer:-
“i. Call for the entire record of the case and examine the same; ii. Direct the respondents to determine that the Petitioners are entitled to determination of their year of allotment and seniority strictly in accordance with Rule 3(3)(iii) of the Indian Administrative Service (Regulation of Seniority) Rules, 1987, based on the actual number of years of continuous service rendered by them in the feeder posts in the State Civil Services, as per the original criteria and established practice followed from 2009 onwards; iii. Direct the Respondents to re-calculate and re-determine the Petitioners' seniority and year
[2025:RJ-JP:51844] (3 of 4) [CW-19908/2025] of allotment by applying the statutory criteria contained in the IAS (Regulation of Seniority) Rules, 1987, and by giving due weightage to the Petitioners' continuous and regular service on equivalent posts, as previously done for similarly situated officers in accordance with the High-Level Committee report and order dated 18.07.2013 (Annexure-7); iv. Direct the respondents not to implement any executive or administrative instructions or criteria adopted by Respondents Nos. 1 and 2 seeking to alter the eligibility or seniority computation under the 1997 Regulations and the 1987 Rules including the requirement of 17 years of service being arbitrary, and illegal; V. Any other order which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case may also be passed in favour of petitioners. Cost be awarded.”
2. During course of arguments, learned counsel for petitioners submits that the petitioner may be granted permission to file an appropriate representation before the respondents- Authority to consider and resolve their grievances. 3. Mr. Archit Bohra, AGC accepts notice on behalf of the respondents. Office is directed to reflect his name as counsel for the respondents. 4.
Considered the grievance raised herein, the petitioners are given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about
[2025:RJ-JP:51844] (4 of 4) [CW-19908/2025] grievances, raised by the petitioners but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are 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 their representation. If the petitioner are still aggrieved, they are at liberty to approach this Court with fresh petition. 5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/64