Rajasthan High Court - Jodhpur
Kalpna Meena vs State Of Rajasthan on 22 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14728/2021
Kalpna Meena W/o Shri Vikas Kumar Meena, Aged About 34
Years, Resident Of Road Purani Meena Patti, Sikrai, District
Dausa (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Secretariat, Jaipur (Raj.).
2. Director, Elementary Education And Panchayatiraj
Department, Rajasthan, Bikaner (Raj.).
3. Director, Secondary Education Bikaner (Raj.).
4. District Education Officer (Head Quarter), Secondary
Education, Dausa (Raj.).
5. District Education Officer, Elementary Education, Dausa
(Raj.).
----Respondents
For Petitioner(s) : Mr. OP Sangwa
For Respondent(s) : Mr. Vishal Jangid, Dy.GC
Mr. KK Bissa
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
A copy of the writ petition has been supplied to Mr. K.K.
Bissa, who puts in appearance on behalf of the respondents.
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
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(2 of 3) [CW-14728/2021]
Rajasthan & Ors. : SB Civil Writ Petition No.11136/2017 decided by Jaipur
Bench on 24.07.2017.
Mr. K.K. Bissa, 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 -
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 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 the
representation has been issued only with a view to ensure
expeditious redressal of petitioner's grievance. The same may not
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(3 of 3) [CW-14728/2021]
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.
(DR.PUSHPENDRA SINGH BHATI),J.
224-Sudheer/-
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