ishwarsingh Vs. State and ors.

ishwarsingh vs State and ors.

Disposition Petition allowed Court Rajasthan Decided Aug 29, 1995

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Citation: sooperkanoon.com/763836
Court: Rajasthan High Court
Judge: B.J. Shethna, J.
Decided On: Aug 29, 1995
Case Number: S.B. Civil Misc Stay Appication No. 563 of 1985
Subject: Civil
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Civil Services - Reverting petitioner and retaining junior--Held, order of reversion is set aside.;While retaining the junior to the petitioner, the petitioner was reverted by the Impugned order. The respondents have filed the reply, but they could not dispute the fact that the Juniors of the petitioner were continu...

Key legal issue: Civil
Outcome / disposition: Petition allowed

Parties & Advocates

Appellant / Petitioner

ishwarsingh

Respondent

State and ors.

Legal References

Reported In: 1995(2)WLN108

Excerpt

civil services - reverting petitioner and retaining junior--held, order of reversion is set aside.;while retaining the junior to the petitioner, the petitioner was reverted by the impugned order. the respondents have filed the reply, but they could not dispute the fact that the juniors of the petitioner were continued in service. if his junior is continued then the petitioner cannot be reverted.;the impugned order dated 19th march, 1995 reverting the petitioner from the post of tehsil revenue accountant to upper division clerk is set-aside.;petition allowed - b.j. shethna, j.1 heard learned counsel for the petitioner.2. the petitioner has challenged in this petition the impugned order dated 19.3.85 passed by respondent no. 3 reverting the petitioner from the post of tehsil revenue accountant (tra) to the post of upper division clerk (ddc). this court stayed the operation of that order no. 4.4.85 in stay petition no. 542/85 and the stay was confirmed on 7.4.86.3. during the pendency and final disposal of this petition, the petitioner came to be retired in 1992, as stated at the bar by the learned counsel for the petitioner.4. the main ground under challenge in this petition is that while retaining the junior to the petitioner, the petitioner was reverted by the impugned order. the respondents have filed the reply, but they could not dispute the fact that the juniors of the petitioner were continued in service. if his junior is continued then the petitioner cannot be reverted.5. in view of the above discussion, this petition is allowed. the impugned order dated 19th march, 1995 reverting the petitioner from the post of tehsil revenue accountant to upper division clerk is set-aside. however, there shall be no order as to costs.

Full Judgment

B.J. Shethna, J.

1 Heard learned Counsel for the petitioner.

2. The petitioner has challenged in this petition the impugned order dated 19.3.85 passed by respondent No. 3 reverting the petitioner from the post of Tehsil Revenue Accountant (TRA) to the post of Upper Division Clerk (DDC). This Court stayed the operation of that order No. 4.4.85 in Stay Petition No. 542/85 and the stay was confirmed on 7.4.86.

3. During the pendency and final disposal of this petition, the petitioner came to be retired in 1992, as stated at the bar by the learned Counsel for the petitioner.

4. The main ground under challenge in this petition is that while retaining the junior to the petitioner, the petitioner was reverted by the impugned order. The respondents have filed the reply, but they could not dispute the fact that the Juniors of the petitioner were continued in service. If his junior is continued then the petitioner cannot be reverted.

5. In view of the above discussion, this petition is allowed. The impugned order dated 19th March, 1995 reverting the petitioner from the post of Tehsil Revenue Accountant to Upper Division Clerk is set-aside. However, there shall be no order as to costs.

Same Court & Year Rajasthan · 1995 Same Parties ishwarsingh vs State and ors. Same Subject Civil Same Judge B.J. Shethna, J.

Civil At the bar