Anita Kumari Kumawat W/O Shri ... vs State Of Rajasthan Through The ...

Citation : 2021 Latest Caselaw 3764 Raj/2
Judgement Date : 16 August, 2021

Rajasthan High Court
Anita Kumari Kumawat W/O Shri ... vs State Of Rajasthan Through The ... on 16 August, 2021
Bench: Inderjeet Singh
         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 23394/2018
Anita Kumari Kumawat W/o Shri Rajendra Prasad Asiwal, Aged
About 29 Years, R/o Dhani Tiva Wali, Post Guda Maherali, District
Sikar.
                                                                        ----Petitioner
                                        Versus
1.         State Of Rajasthan Through The Principal Secretary To
           Government,       Department             Of     Education,     Govt.    Of
           Rajasthan, Govt. Secretariat, Jaipur.
2.         Director Secondary Education, Bikaner.
3.         Rajasthan Public Service Commission, Ajmer Through Its
           Secretary.
                                                                    ----Respondents

For Petitioner(s) : Mr. Balveer Singh Beniwal For Respondent(s) : Mr. Ganesh Meena, AAG HON'BLE MR. JUSTICE INDERJEET SINGH Order 16/08/2021 The present writ petition relates to advertisement dated 13.07.2016 with regard to appointment on the post of Senior Teacher (Sanskrit).

Learned AAG-Mr. Ganesh Meena submits that the issue involved in this writ petition has already been considered by the Division Bench of this Court in D.B. Special Appeal Writ No.815/2019 titled as State of Rajasthan & Ors. Vs Poonam Sharma decided on 29.08.2019 wherein in para no.16, it has been held as under:-

"16.In the light of the above discussion, the Court is of opinion that (Downloaded on 19/08/2021 at 09:48:45 PM) (2 of 3) [CW-23394/2018] the findings and conclusions recorded by the Single Judge are reasonable. The following directions are consequently issued:
(a) The State shall issue a circular/order within four weeks, expressly stating that cadre allocations (to different divisions) made are only provisional and that such allocations would be made finally in a timebound manner, to be clearly indicated in such an order or circular;
(b) Await the receipt of all recommendations for 3months and thereafter take up the process of determination of cadre allocations, in accordance with the rules and circulars applicable and complete such cadre allocations within 6 months from today;
(c) The State is further directed that cadre allocations made finally pursuant to the above directions, shall not be treated as transfers, but instead as revised initial postings of the concerned teachers.
(d)The circular issued pursuant to the above directions shall also mention that it has been issued pursuant to the present order."
Learned AAG further submits that in compliance of the order passed by this Court in the matter of State of Rajasthan & Ors.

(Supra), the respondents have reshuffled the allotment of divisions and issued circular dated 26.06.2020 and accordingly, (Downloaded on 19/08/2021 at 09:48:45 PM) (3 of 3) [CW-23394/2018] the allotment of divisions were revised for the advertisement in question.

Counsel for the petitioner has not disputed the fact of judgment passed by the Division Bench of this Court in the matter of State of Rajasthan & Ors (Supra).

In that view of the matter, since the department has already revised the allotment of divisions pursuant to the order passed by the Division Bench in the matter of State of Rajasthan & Ors (Supra), no further action is required in this matter, hence this writ petition is disposed of accordingly.

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