Swati Tiwari vs State Of Rajasthan
2021 Latest Caselaw 11505 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9066/2021

Swati Tiwari D/o Shri Shiv Kumar, Aged About 43 Years, Ward No. 19, Sankadi Gali, Fatehpur Shekhawati, Sikar, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Director, Secondary Education, Bikaner, Rajasthan - 334001

2. District Education Officer (Headquarter), Secondary Education, Pali, Rajasthan, 306401

3. Joint Director, Secondary Education, Pali, Rajasthan 306401

----Respondents

For Petitioner(s) : Mr. Gopal Sandu For Respondent(s) : Mr. Hemant Choudhary

JUSTICE DINESH MEHTA

Judgment

26/07/2021

(1) Vide order dated 28.8.2020, the petitioner was appointed on

the post of Teacher Grade-II and was given posting in District Pali

(Jodhpur Division), according to her merit.

(2) Mr. Sandhu, learned counsel appearing for the petitioner

submits that the petitioner is a single lady (being widow and

having lost her parents) is having a child, who is studying at Sikar.

As her relatives and residential house are in Sikar, she may be

given posting in and around Sikar District (Churu Division).

(3) Mr. Hemant Choudhary, learned counsel appearing for the

respondents submits that if the petitioner seeks her posting in

Churu Division, she will have to forego her seniority.

(2 of 2) [CW-9066/2021]

(4) Learned counsel for the petitioner, on instructions, submits

that the petitioner would forego her seniority, if she be accorded

posting in Churu Division.

(5) Having regard to the circumstances as noticed above, the

present writ petition is disposed of with a direction to the

petitioner to file a representation before the Director, Secondary

Education, Bikaner within a period of three weeks from today

while clearly indicating that she is ready and willing to forego her

seniority, if she is given posting in Churu Division.

(6) In case, the petitioner files a representation alongiwth

certified copy of the order instant within the stipulated time, the

Director, Secondary Education, Bikaner shall consider the same in

accordance with law and pass appropriate order as early as

possible preferably within a period of twelve weeks of receipt of

the representation.

(7) It is made clear that aforesaid direction to decide the

petitioner's 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.

(8) The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

67-CPGoyal/-

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