HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14070/2021 Suresh Kumar S/o Sultan Singh, Aged About 30 Years, R/o Jaitpura, Sikar, District Sikar.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary To Education Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).
2. The Director, Elementary Education, Bikaner (Raj.).
3. The District Education Officer, Secondary Education (Headquarter) Bhilwara (Raj.).
4. The District Education Officer, Elementary Education, (Headquarter) Bhilwara.
----Respondents For Petitioner(s) : Mr. Pritam Joshi. For Respondent(s) : Mr. Hemant Choudhary.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 06/10/2021 Learned counsel for the petitioner submit that the controversy involved in this writ petition is akin to one decided by this Court in bunch of cases led by Prem Bai Meena Vs. State of Rajasthan & Ors. : SB Civil Writ Petition No.11136/2017 decided by Jaipur Bench on 24.07.2017.
Mr. Hemant Choudhary, learned counsel for the respondents, is not in a position to dispute the aforesaid position of facts and law.
Learned counsel for the petitioner pointed out that this Court in the case of Prem Bai (supra) had directed the respondent - (Downloaded on 07/10/2021 at 08:34:21 PM)
(2 of 2) [CW-14070/2021]
State not to relieve the concerned petitioners till their
representation is decided, but in the present case the petitioner has been relieved though no one has joined at the petitioner's place and new circular/guidelines dated 24.08.2021 have been issued.
The petitioner is directed to furnish a representation in light of guidelines dated 24.08.2021 or any other applicable guideline/circular before the concerned District Education Officer within a period of one week, along with photo-stat copy of the guideline/circular and certified copy of the order instant. The petitioner may also point out any vacant post in her district and judgment, which she wishes to rely upon.
In case, a representation is so addressed within the aforesaid period, the competent authority of respondent shall consider and decide the same in accordance with law as early as possible, preferably within a period of two weeks.
Until petitioner's representation is decided, the petitioner shall be permitted to discharge her duties at present place of posting (before passing of the impugned order).
It is made clear that aforesaid direction to decide there presentation has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the representation in a particular manner.
The writ petition as well as stay application stand disposed of accordingly.
(ARUN BHANSALI),J 266-Sachin/-
(Downloaded on 07/10/2021 at 08:34:21 PM) Powered by TCPDF (www.tcpdf.org)