1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.5415/2005 (Chetan Prakash Sen Vs. State & Anr.) Date of order : 28.7.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Vinay Jain, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Advocate. In this case, the petitioner is challenging the validity of order dated 28.6.2005 (Annexure-7) whereby the representation filed by the petitioner with regard to grievance of the petitioner for promotion was rejected. The contention of learned counsel for the petitioner is that he has raised all his grounds in his representation as well as in the notice for demand of justice for the purpose of seniority and promotion, therefore, before rejecting his representation, at least the petitioner was to be given opportunity of hearing and all the grounds raised by the petitioner were to be taken into account and the representation was to be decided by way of passing speaking order. 2 In my opinion, the contention of the petitioner is well founded. The respondents were under obligation to decide the representation filed by the petitioner with regard to assigning proper seniority and other benefits by way of passing speaking order after providing opportunity of hearing which is not provided before passing order impugned dated 28.6.2005 (Annexure-7). In this view of the matter, this writ petition is allowed. The impugned order dated 28.6.2005 (Anexure-7) is set aside and the case is remitted to the Director, Secondary Education, Bikaner for deciding the representation of the petitioner afresh within a period of one month from the date of receipt of certified copy of this order by way of passing speaking order after providing opportunity of hearing to the petitioner. No order as to cost. (GOPAL KRISHAN VYAS), J. arun