High CourtsSingle Bench(1995) 08 RAJ CK 0026

Ishwarsingh vs State and Others

Rajasthan High Court · Decided on 29 August 1995 · Citation: (1995) 2 WLN 108

HON’BLE JUDGES
B.J. Shethna, J
RESULT
Allowed
CASE NUMBER
Civil Misc Stay Appication No. 563 of 1985

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Judgment

6 paragraphs · 202 words

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.