HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14993/2021 Rakesh Kumar S/o Shri Ramniwas Saharan, Aged About 27 Years, Ward No. 02, Ratna Desar, District Hanumangarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.).
2. Director, Elementary Education And Panchayati Raj Department, Rajasthan, Bikaner (Raj.).
3. Director, Secondary Education, Bikaner (Raj.).
4. District Education Officer (Head Quarter), Secondary Education, Bikaner (Raj.).
5. District Education Officer, Elementary Education, Bikaner (Raj.).
----Respondents For Petitioner(s) : Mr. OP Sangwa For Respondent(s) : Mr. Vishal Jangid, Dy. GC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 26/10/2021 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
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.
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(2 of 2) [CW-14993/2021] Mr. Vishal Jangid, learned counsel for the respondents, is not in a position to dispute the aforesaid position of facts and law.
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 the representation 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.
(DR. PUSHPENDRA SINGH BHATI),J 344-Sudheer/-
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