Rajasthan High Court - Jodhpur
Suresh Kumar vs State Of Rajasthan on 6 October, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14070/2021
Suresh Kumar S/o Sultan Singh, Aged About 30 Years, R/o
Jaitpura, Sikar, District Sikar.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary To Education
Department, Government Of Rajasthan, Secretariat,
Jaipur (Raj.).
2. The Director, Elementary Education, Bikaner (Raj.).
3. The District Education Officer, Secondary Education
(Headquarter) Bhilwara (Raj.).
4. The District Education Officer, Elementary Education,
(Headquarter) Bhilwara.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi.
For Respondent(s) : Mr. Hemant Choudhary.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
06/10/2021
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.
Mr. Hemant Choudhary, learned counsel for the respondents,
is not in a position to dispute the aforesaid position of facts and
law.
Learned counsel for the petitioner pointed out that this Court
in the case of Prem Bai (supra) had directed the respondent -
(2 of 2) [CW-14070/2021]
State not to relieve the concerned petitioners till their
representation is decided, but in the present case the petitioner
has been relieved though no one has joined at the petitioner's
place and new circular/guidelines dated 24.08.2021 have been
issued.
The petitioner is directed to furnish a representation in light
of guidelines dated 24.08.2021 or any other applicable
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 her district and
judgment, which she 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 her 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
266-Sachin/-
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