Jaipur : Jaipur High Court has lifted the ban on giving promotion to state employees who have more than two children. Hearing the application of the state government on Monday, the division bench of Chief Justice MM Srivastava and Justice Umashankar Vyas lifted the interim stay imposed on August 30. After the ban is lifted, now the state government will be able to give promotion to thousands of such employees with back date through the notification of March 16, 2023.
Challenged only out of apprehension
Additional Advocate General Vigyan Shah, appearing on behalf of the government, said that the petitioners who have challenged the promotion. He has already been promoted. They cannot challenge the notification merely on the ground that if promotion is done from back date, they will not get further promotion. It is only out of apprehension that the petitioners challenged the notification. Whereas the government has made it clear that the employees who have already been promoted. Their promotions will not be affected, but the petitioners challenged this, saying that their seniority list has changed due to back date promotion. They have moved down in seniority. Due to which his further promotion is being affected.
Promotion was being given after doing review DPC
In fact, in the year 2001, the state government had issued a notification and implemented the rule of depriving a government employee of promotion for 5 years if the third child is born after June 1, 2002. In the year 2017, the government reduced the period of 5 years to 3. year, but last year the Personnel Department issued a notification on 16 March 2023 saying that all such employees whose promotion was stopped as punishment. They should be given the benefit of promotion from the year of their promotion. In such a situation, in about 125 departments of the state government, through Review DPC, all such employees were being given the benefit of promotion from the date of their initial promotion. This was challenged in the High Court by the policemen of Baran and Jhalawar.
