1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7020/05 Pooran Chand Sharma vs. State of Rajasthan & Ors. Date of order : 27/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri D.C. Tiwari for the petitioner. Shri B.L. Awasthi, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed with the simple prayer that the respondents be directed to relieve the petitioner for joining on the post of promotion in terms of their own order dated 26.8.2003. The petitioner who had been working on the post of Teacher Gr.III was by the aforesaid order promoted to the post of Senior Teacher Gr.II. The said order was passed by Deputy Director (Primary Education), Jaipur Circle, Jaipur, in which name of the petitioner was indicated at S.No.69 and his posting has been shown at Government Upper Primary School Bagren, Bareja (Roopbas) and the place where he has been shown to be posted is indicated as Government Upper Primary School, Nimera 2 (Roopbas). When the petitioner approached the District Education Officer, he referred the matter to the Director Primary Education for appropriate correction in the promotion order stating that against the name of the petitioner, he has been wrongly shown as posted in Tehsil Roopbas whereas the Upper Primary School, Bagren, Bareja where the petitioner is actually posted falls within the jurisdiction of Tehsil Bayana. No clarification was received, nor was any correction order was passed. Petitioner then submitted an application to the Headmaster and the Headmaster wrote a letter on 30.7.2005 to the Deputy Director, Primary Education, Jaipur to the effect that the petitioner has been facing great hardship because of the mistake in the promotion order and that so far no clarification has been issued, resultantly, petitioner has been deprived of the benefit of promotion. The petitioner thereafter served a notice for demand of justice and has now approached this Court. The notice of this writ petition was issued way back on 19.9.2005 and till date 3 the respondents have not woken up to the necessity of correcting their own order. It is surprising that when the name and place of the school where the petitioner was posted was correctly indicated in the promotion order why he was not relieved merely for the reason of wrong indication of the name of Tehsil within the bracketed portion. This was not a reason enough to delay the relieving of the petitioner. In spite of the fact that the Headmaster and District Education Officer repeatedly requested the Deputy Director Primary Education, the correction order has not been issued so far. It is indeed a said commentary on the working of the Education Department of the State as a result of which, the petitioner who was promoted way back on 26.8.2003 has been deprived of the fruits of promotion. In the result, this writ petition is allowed. The respondents are directed to treat the petitioner to have been promoted by the aforesaid order dated 26.8.2003 and give him fresh posting either at Government Upper Primary School, Nimera, Tehsil Roopbas 4 or any other place at their discretion wherever the post may be vacant. The petitioner shall be entitled to the benefit flowing from the said promotion including the arrears of salary and the seniority etc. by deeming his promotion to have been been actually made by the aforesaid order. Compliance of the judgement be made within a period of six weeks from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/