Rajasthan High Court - Jodhpur
Khiya Ram Solanki vs State Of Rajasthan on 16 December, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17580/2021
Khiya Ram Solanki S/o Sh. Ram Kishan Solanki, Aged About 40
Years, R/o Village Morani, Post Lava, Tehsil Pokaran, District
Jaisalmer.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Secondary
Education Department, Govt. Of Rajasthan, Jaipur.
2. Director, Secondary Education Department Bikaner.
3. Joint Director, (School Education) Jodhpur Division
Jodhpur
4. Principal Govt. Sr. Secondary School, Sutharo Ki Beri,
Jaisalmer.
5. Chief Block Education Officer, Pokaran, District Jaisalmer.
6. Nakhta Ram Mali, Presently Working As A Sr. Teacher
(Urdu) At Govt. Sr. Secondary School Sutharo Ki Beri,
Tehsil Pokaran District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Pramendra Bohra.
For Respondent(s) : Mr. Vishal Jangid, Dy.G.C. for
Mr. Hemant Choudhary, G.C.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
16/12/2021
It is submitted by learned counsel for the petitioner that
petitioner and respondent No.6 were transferred vice-a-versa vide
Annex.2, the petitioner joined pursuant to the order dated
30.9.2021 on 4.10.2021 at the transferred post.
Against the order dated 30.9.2021, the respondent No.6 filed
appeal before the Rajasthan Civil Services Appellate Tribunal ('the
Tribunal'), which appeal was allowed by the Tribunal without even
(2 of 3) [CW-17580/2021]
issuing notices. Further it is not known as to whether the
petitioner was impleaded as party-respondents to the said
petition. On account of passing of the said order, now the
respondents have passed order dated 8.12.2021 sending the
petitioner back to the place of posting from where he was
transferred by order dated 30.9.2021, which is not justified.
Submissions have been made that passing of the order dated
12.10.2021 (Annex.5) by the Tribunal is contrary to the judgment
of this Court in Assistant Engineer, Sub Division-II, Water Course
Division-II, IGNP, Jaisalmer v. Rajasthan Civil Services Appellate
Tribunal, Jaipur & Ors.: S.B. Civil Writ Petition No.17772/2018,
decided on 27.11.2018 and as such the consequential order
passed by the respondents also is bad.
In view of the submissions made, issue notice. Issue notice
of the stay application also, returnable within a period of four
weeks.
Mr. Hemant Choudhary, G.C. puts in appearance on behalf of
respondents No.1 to 5. Copy of the petition be supplied to him,
who may complete his instructions in the matter.
Issue notice to respondent No.6 only.
In the meanwhile and till further orders, effect and operation
of the order dated 12.10.2021 (Annex.5) passed by the Rajasthan
Civil Services Appellate Tribunal and order dated 8.12.2021
(Annex.6) passed by the Joint Director (School Education),
Jodhpur Division, Jodhpur, shall remain stayed and the petitioner
who has been relieved on 11.12.2021 vide Annex.7, would be
permitted to join back on the post from where he was relieved.
(3 of 3) [CW-17580/2021]
Passing of this order in presence of counsel for the
respondents No.1 to 5, would not prevent him in filing application
seeking vacation of the interim order.
Office is directed to reflect the name of Mr. Hemant
Choudhary, G.C. as counsel appearing for the respondents No.1 to
5 in the cause list.
(ARUN BHANSALI),J
188-Sumit/-
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