Hopelessly Barred By Time: Rajasthan HC Sets Aside Employee's Demotion After 17 Years Of Service |n Promotional Post
The Court allowed a petition filed by the employee of Public Works Department in Rajasthan.

The Rajasthan High Court quashed the demotion order passed against an employee after 17 years of service in promotional post by observing that it was barred by time.
The Court allowed a petition filed by the employee of Public Works Department in Rajasthan.
Justice Arun Monga observed that "the demotion of the petitioner concededly has been ordered after his having worked 17 years on the post in question and, therefore, is hopelessly barred by time.What makes the case even more curiouser is the fact that it is not the case of the department that the petitioner had, in any manner, indulged in either any misrepresentation or concealment so as to be accorded with the benefit of selection grade, which was being sought by his counterpart.”, Court Observed.
Advocate M.S. Shekhawat represents the petitioner, while Advocate Aishwarya Anand represents the respondent.
Fact of the Case
The case involves an individual who was appointed as a Helper Grade II in the Public Works Department in 1979. In 1993, the individual was promoted to Electrician Grade II along with others. Later, in 2000, he was granted selection grade benefits in the pay scale of Rs. 4,000-6,000. However, in 2010, following a writ petition filed by another individual seeking similar benefits, the department reviewed the promotion of the individual. It was contended that the promotion granted was contrary to service rules. Despite the individual's representation against the proposed demotion, the promotion was withdrawn, and he was demoted back to Helper Grade II. This decision prompted the filing of the present writ petition challenging the demotion.
While allowing his petition, the Court noted: "First and foremost, the petitioner was not a party to the judgment rendered by this Court which seems to be the reason of demotion of the petitioner herein. Furthermore, the judgment rendered by this Court in Mohan Lal’s case cannot be treated in rem for the reason that Mohan Lal claimed the relief of stepping up of his pay, therefore, the judgment in his case is/was in personam...As an upshot, the writ petition is allowed. The impugned order dated 16.09.2010 (Annex.8) is quashed and set aside."
Cause Title: Sunder Singh v State of Rajasthan & Ors.
Appearance
Petitioner: Advocate M.S. Shekhawat
Respondent: Advocate Aishwarya Anand
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