Shiva Sherni Sharma vs State Of Rajasthan
2021 Latest Caselaw 15462 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14052/2021

Shiva Sherni Sharma D/o Shri Sarvesh Kumar Sharma, Aged About 28 Years, Resident Of Jaun, Tehsil And District Dausa (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.).

2. Director, Secondary Education Bikaner (Raj.).

3. District Education Officer (Head Quarter), Secondary Education, Tonk (Raj.).

4. District Education Officer, Elementary Education, Tonk (Raj.).

----Respondents

For Petitioner(s) : Mr. O.P. Sangwa. For Respondent(s) : Mr. Vishal Jangid, Dy. G.C. for Mr. Hemant Choudhary, G.C.

Mr. G.S. Chouhan for Mr. K.K. Bissa.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

05/10/2021

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.

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

(2 of 2) [CW-14052/2021]

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 his district and

judgment, which he 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 his duties at present place of

posting (before passing of the impugned order).

It is made clear that aforesaid direction to decide there

presentation 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.

(ARUN BHANSALI),J

186-pradeep/-

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