Jaipur : The High Court has stayed the promotion of state employees having more than 2 children. The High Court has put an interim stay on the order of the state government, in which the government was giving promotion to these employees with back date. The division bench of Justice Pankaj Bhandari and Justice Vinod Kumar Bharwani gave this order while hearing the petitions of Santosh Kumar and others. Thousands of employees will be affected by this order. It was said in the petitions that the government is giving back date promotion to those employees with notification of March 16, 2023, whose promotions were stopped for 5 years or 3 years due to having more than two children. By giving promotion to these employees with back date, there has been a change in our seniority list, we have gone down in the seniority list, due to which our promotion is getting affected. After the hearing, the High Court put an interim stay on the notification of the state government.
Promotion was being given by reviewing DPC
Petitioners’ lawyer Shobhit Tiwari said – In the year 2001, the state government had issued a notification and implemented the rule to deprive 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 years, but last year the Personnel Department issued a notification on March 16, 2023, saying that all such employees whose promotion was stopped as a penalty. They should be given the benefit of promotion from their promotion year itself. In such a situation, all such employees were being given the benefit of promotion from the date of their initial promotion through Review DPC in about 125 departments of the state government. This was challenged in the High Court by the policemen of Baran and Jhalawar.
A person who has been declared ineligible earlier cannot be considered eligible
It was said in the petitions that the government had earlier issued a notification and denied promotion to those employees who have more than two children by declaring them ineligible. In such a situation, the same employees cannot be considered eligible for promotion again. Giving promotion with back date is also not legal. After hearing the petitions, the court has stayed the government’s notification and sought a reply.
