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2025 DAILYLAW 46497 (RAJ)

SUNIL KUMAR YADAV SON OF SHRI DHANPAT SINGH YADAV v. STATE OF RAJASTHAN

CW/18115/2025 · 2025-11-25

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:47819] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18115/2025 1. Sunil Kumar Yadav Son Of Shri Dhanpat Singh Yadav, Aged About 40 Years, Resident Of Village Todia Ka Bas, Post Lakdi, Tehsil Bansur, District Kotputli-Behror (Raj.) 2. Pooja Soni D/o Shri Sundar Lal Soni, Aged About 38 Years, Resident Of Ashok Talkies, Alwar (Raj.) 3. Ajay Singh Yadav Son Of Shri Mahaveer Prasad, Aged About 42 Years, Resident Of B-188, Raath Nagar, Vijay Mandir Road, Alwar (Raj.) 4. Mukesh Kumar Goyal Son Of Shri Makkhan Lal Goyal, Aged About 38 Years, Resident Of Vpo- Kerwawal, Tehsil Malakhera, Alwar (Raj.) 5. Chauhan Mamta Devisingh D/o Shri Devisingh, Aged About 47 Years, Resident Of Vpo- Mundawar, Tehsil Mundawar, District Khairthal-Tijara (Raj.) 6. Yadav Anju Bala D/o Shri Rameshwar Singh, Aged About 43 Years, Resident Of Behind Jain Temple, Vpo- Kishangarhbas, Khairthal-Tijara (Raj.) 7. Nisha D/o Shri Kishan Chand Arora, Aged About 47 Years, Resident Of Gandhi Life Care, Ganj Road, Kishangarh Bas, Khairthal-Tijara (Raj.) 8. Shyam Sunder Agrawal Son Of Shri Ratan Lal, Aged About 47 Years, Resident Of C/o Sanjay Agrawal, Khurana Garden Ke Pas, Bypass Road, Kishangarh Bas, Khairthal- Tijara (Raj.) 9. Umed Kumar Yadav Son Of Shri Pratap Singh Yadav, Aged About 46 Years, Resident Of Village Partapur Chowk No. 1, Post Ghiloth, Tehsil Neemrana, District Kotputli-Behror (Raj.) 10. Vipin Sharma Son Of Shri Suresh Chand Sharma, Aged About 40 Years, Resident Of Near Sati Mata Mandir, Premnagar, Mungaska, Alwar (Raj.) ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Panchayati Raj Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur. [2025:RJ-JP:47819] (2 of 4) [CW-18115/2025] 2. The Principal Secretary And Commissioner, Rural Development And Panchayati Raj Department (Panchayati Raj), Government Secretariat, Jaipur. 3. The Chief Executive Officer, Zila Parishad, Alwar (Raj.) ----Respondents For Petitioner(s) : Mr. G.S. Gouttam For Respondent(s) : Mr. Prateek Saxena for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. This writ petition has been filed by the petitioners with following prayer:- “i) The Hon’ble Court may be declare illegal and arbitrary action of the respondents by which respondents not re-consider the case petitioners in the light of rule 285 of rule 1996 taking into account the merit position of petitioners in the appointment order while preparing the seniority list of LDC for promotion on the post of UDC: ii) Further the Hon'ble Court may kindly be quashed and set aside the final seniority list dated 15.07.2024 as on 01.04.2022 by declare illegal, due to not prepare according to rule 285 of rule 1996; iii) Further may kindly be directed to the respondents to prepare the fresh final seniority list of LDCs/petitioners on the basis of merit which is mentioned in the appointment order according to rule 285 of rule 1996 and keep in mind the direction passed in case of Bimla and Goverdhan Kumar and ors (Supra) and [2025:RJ-JP:47819] (3 of 4) [CW-18115/2025] further directed to respondents to ensure the effective compliance of letter dated 21.07.2025 for promotion on the post of UDC; iv) Any other appropriate order, or direction which this Hon'ble court deem fit and proper in favour of the appellant may also kindly be passed.” 2. Learned counsel for petitioners while referring and relying upon order dated 21.08.2024 passed by a Co-ordinate Bench of this Court at Principal Seat, Jodhpur in S.B. Civil Writ Petition No.472/2023 (Bimla Vs. State of Rajasthan and Ors.) submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Mr. Prateek Saxena for Mr. Kapil Prakash Mathur, AAG, accepts notice. Office is directed to reflect name of Mr. Kapil Prakash Mathur, AAG, as counsel for the respondents. 4. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition is disposed of in light of Bimla Vs. State of Rajasthan and Ors. (supra) passed by this Court. 5. 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 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 [2025:RJ-JP:47819] (4 of 4) [CW-18115/2025] representation. After the order, the respondents are under an obligation to communicate the decision to the petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation. If the petitioners are still aggrieved, they have a liberty to approach this Court with fresh petition. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/119