Rajasthan High Court - Jodhpur
Rajeev Tiwari vs State Of Rajasthan on 29 January, 2021
Bench: Vinit Kumar Mathur
(1 of 3) [CW-3926/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3926/2020
Rajeev Tiwari S/o Shri Hazari Lal Tiwari, Aged About 42 Years,
R/o Plot No.40, Mohan Nagar, Alwar, District Alwar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through the Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The District Education Officer (Headquarter), Secondary
Education, Alwar, District Alwar, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Jalore, District Jalore, Rajasthan.
5. Sanjeev Kumar Saini, Government Senior Secondary
School, Behroj, Block Mandawar, District Alwar,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
For Respondent(s) : Mr. Hemant Choudhary
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
29/01/2021
The writ petition has been filed with the following prayers.
"A. By an appropriate writ, order or direction, the Transfer
Order dated 29.09.2019 (Annex-5), Speaking Order dated
23.12.2019 (Annex-11) and Speaking order dated
(2 of 3) [CW-3926/2020]
06.03.2020 (Annex-14) may kindly be quashed and set
aside.
B. By an appropriate writ order or direction, the
respondents may kindly be directed to reconsider the
transfer place for the petitioner and also consider the
nearest posting place as available vacant post in nearby
school at District Alwar.
C. By an appropriate writ, order or direction, the
respondents may kindly be directed to decide the
representation of the petitioner.
D. Any other appropriate writ, order or direction which this
Hon'ble Court may deem just and proper in the facts and
circumstances of the case may kindly be passed in favour of
the petitioner.
E. Writ petition filed by the petitioner may kindly be allowed
with costs."
Learned counsel for the petitioner submits that his father is
suffering from cancer. He further submits that in the light of the
Judgment of the Rajasthan Civil Services Appellate Tribunal dated
23.01.2020, the petitioner has preferred representation before
the competent authority and the same has been rejected vide
order dated 06.03.2020. The representation was rejected on the
ground that the petitioner is under an obligation to serve in any
part of the Rajasthan. Aggrieved of the same, the petitioner has
preferred this writ petition.
Learned counsel for the petitioner submits that he has only
limited prayer in the present case, for issuance of a direction to
the respondent No. 2 - Director, Secondary Education, Bikaner to
consider his representation sympathetically.
Learned counsel for the respondents undertakes that in the
event of the petitioner filing a representation before the
(3 of 3) [CW-3926/2020]
respondent No. 2, the same shall be decided within the
parameters of the provisions of law.
In the light of limited submission, the present writ petition
is disposed of with a direction to the petitioner to file
representation within a period of ten days from today. In case,
the said representation is filed within the stipulated period, the
concerned authority i.e. respondent No. 2 shall consider and
decide the same, within a period of four weeks from the date of
the receipt of the representation strictly in accordance with law.
(VINIT KUMAR MATHUR),J
6-Payal/-
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