Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:51376] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15791/2017 Mahesh Khandelwal S/o Late Sh. Shiv Lehri Khandelwal, R/o Kafla Baar, Tonk, Rajasthan. Presently Posted As Reader, Court Of Special Judge, Communal Riots And Mact, Tonk, Rajasthan. ----Petitioner Versus Dist And Session Judge, Tonk. ----Respondent For Petitioner(s) : Ms. Aradhana Swami For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 18/12/2025
1. Instant writ petition is preferred by petitioner with following prayer:
“1. By an appropriate Writ. Order or Direction may kindly Quash and set-aside the Impugned Order dated 01.04.2017.
2. By an appropriate Writ, Order or Direction may kindly Direct the Respondent accord the Seniority of the Petitioner at Serial No. 4 in the Impugned Seniority List Dated 10.02.2017. Further may kindly Direct to Grant all Promotion and Future Avenues with all Consequential Service Benefits Respectively.
3. Any other order prejudicial to the Petitioner and adversely affecting his rights may kindly be taken on record and be quashed and set aside.”
2.
Learned counsel for petitioner while referring and relying upon judgment dated 15.12.2021 in S.B. Civil Writ Petition No.15792/2017 titled as Paras Mal Jain Vs.
[2025:RJ-JP:51376] (2 of 3) [CW-15791/2017] District and Sessions Judge, Tonk submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order.
3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is disposed of in light of Paras Mal Jain Vs. District and Sessions Judge, Tonk (supra) passed by this Court.
4. 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 respondents-Authority are directed to decide the representation in light of ratio laid down in case of Paras Mal Jain Vs. District and Sessions Judge, Tonk (supra), but in case of deviation 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 order 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.
5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended.
[2025:RJ-JP:51376] (3 of 3) [CW-15791/2017]
6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /184