Daya Lal Patel vs State And Ors
2021 Latest Caselaw 7365 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14512/2017

Daya Lal Patel S/o Shri Mafat Lal Patel, By Caste Patel, R/o Village And Post Deri, Via Chhani, Tehsil Kherwada, District Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Department Of Elementary Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. Director, Elementary Education Department, Bikaner, Rajasthan.

3. District Education Officer, Elementary Education Department, Udaipur, Rajasthan.

4. Block Education Officer, Elementary Education, Panchayat Samiti Kherwada, Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Dr. Nupur Bhati For Respondent(s) : Mr. Manish Vyas, AAG

JUSTICE DINESH MEHTA

Judgment

16/03/2021 Ms. Nupur Bhati, learned counsel for the petitioner submits

that the issue raised in the present writ petition is squarely

covered by judgment of this Court in Vipin Kumar Upadhyaya v.

State of Rajasthan & Ors.: S.B.C.W.P. No. 14134/2017, decided on

26.04.2018.

Mr. Vyas, learned AAG is not in a position to dispute the

submissions made in this regard.

In the case of Vipin Kumar Upadhyaya (supra) a coordinate

Bench of this Court, inter alia, held as under:-

(2 of 2) [CW-14512/2017]

"36.In light of the aforesaid observations, the present writ petitions are allowed and the termination order passed against the petitioners by the respondents are quashed and set aside, while directing the respondents to treat them in continuous service which they available on record already in."

In view of the above fact situation, the writ petition filed by

the petitioner is allowed. The termination order dated 27.10.2017

passed by the respondents is quashed and set aside. The

petitioner would be treated continuous in service.

The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

181-CPGoyal/-

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