CWP 5655/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5655/2006 Jai Prakash Meena Versus State & (4) Ors. Date of Order ::: 06/11/08 Hon'ble Mr. Justice Ajay Rastogi Mrs. Naina Saraf, for petitioner Mr. JK Agrawal, Addl. Govt. Advocate, for respondent State At joint request, matter is finally heard and disposed of at admission stage. Petitioner was initially appointed as Teacher Gr.II and is a member of Rajasthan Subordinate Education Service Rules, 1971 (“Rules, 1971”). As per his seniority, he was considered for promotion for the post of Senior Teacher on the recommendations made by Departmental Promotion Committee for the year 2004-05 vide order dt. 19/10/04(Ann.1) – copies whereof were sent to concerned Principal of School and personnel Section; but as alleged by petitioner, it was never communicated to him and immediately when this fact came to his notice, he submitted representations one after the other vide Ann.3, 4, 5 & 6, to which the authority did not respond. At the same time, Deputy Director (Primary Education) Jaipur Range, sent a letter dt.25/08/05 (Ann.7) to Commissioner Education intimating that copies of promotion orders were sent to concerned School CWP 5655/06 //2// Principals but they have not received any intimation whether those orders were served upon or communicated to them while the Principal of School where petitioner was posted at relevant point of time, sent letter dt.09/03/06 (Ann.8) specifically intimating about non-receipt of order of his promotion in the School; as such petitioner could not be relieved. Despite letter (Ann.8) being sent by Principal of the School where petitioner was posted, respondents failed to pass appropriate orders permitting him to join duties in pursuance of order of his promotion dt.19/10/04, which has compelled him to approach this Court. Respondents have filed reply to petitions, inter-alia averring therein that there is no contrary material placed on record to substantiate that order of his promotion was ever communicated or served upon petitioner. However, this fact is ruled out after Principal of School has informed the respondent vide letter dt.09/03/06 (Ann.8) that order of promotion was never received in the School. In such circumstances, in the opinion of this Court, petitioner cannot be held responsible about compliance of order of promotion for reporting. Consequently, writ petition is allowed. CWP 5655/06 //3// Respondents are directed to allow petitioner to join on the post of Senior Teacher in pursuance of order of promotion dt.19/10/04 (Ann.1) alongwith consequential benefits admissible under law. The respondents may ensure compliance of this order within one month. No costs. (Ajay Rastogi), J. K.Khatri/p.3/5655CW06Prom-0611.doc