Rajasthan High Court Rules No Promotion for Government Employees with More Than Two Children

JAIPUR — The Rajasthan High Court has issued a strict order prohibiting government employees with more than two children from receiving promotions. This ruling comes as a response to a state government decision that allowed promotions to be granted retroactively, a move that the court has now temporarily suspended.

The High Court's decision, delivered by a bench comprising Justices Pankaj Bhandari and Vinod Kumar Parwani, impacts government employees across approximately 125 departments in Rajasthan. The ruling is particularly significant for those who have more than two children, as it directly bars them from any promotional opportunities.

The case was brought before the court by petitioners Santosh Kumar and Jaideep, both police officers, who challenged the state government's March 16, 2023 notification. The notification aimed to provide relief to government employees by stating that they could not be denied promotion solely on the grounds of having more than two children. This notification was seen as an attempt by the state to amend rules ahead of the upcoming assembly elections.

The petitioners’ counsel, Shobhit Tiwari, argued that the government's decision to offer promotions based on retroactive amendments was not in accordance with the law. The court agreed, stating that while the government has the right to amend rules, the process followed in this instance was flawed. Consequently, the court imposed an interim stay on the state’s notification and requested a detailed response from the government.

The court has also sought explanations from key officials, including the Principal Secretaries of the Department of Personnel and the Department of Home Affairs, as well as the Director General of Police. The government has been asked to clarify how it intends to assess the qualifications and service records of employees over the past years under the current guidelines.

This ruling affects a significant number of government employees in Rajasthan, who now face uncertainty regarding their promotional prospects. The court's interim order has placed a hold on all promotions under the disputed notification until the matter is resolved in further hearings.

Key Points:

• Rajasthan High Court bars promotions for government employees with more than two children.
• The court has temporarily stayed a state government notification allowing retroactive promotions.
• The ruling impacts employees across 125 government departments.
• The court has sought explanations from various state officials on the matter.

This case underscores the ongoing legal and administrative complexities surrounding personnel policies in government employment, particularly as they relate to family size and promotional opportunities.