Rajasthan High Court - Jodhpur
Likhma Ram 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. 14715/2021
Likhma Ram S/o Shri Mangi Lal, Aged About 38 Years, R/o
Village Chitiniya, Post Arbada, Tehsil Sojat, District Pali,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The District Education Officer (Headquarter), Secondary
Education, Pali, District Pali, Rajasthan.
4. The District Education Officer (Headquarter), Elementary
Education, Pali, District Pali, Rajasthan.
5. The Headmaster, Government Secondary School,
Panchava Kallan, Block Sojat, District Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
For Respondent(s) : Mr. Vishal Jangid, Dy.GC.
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.
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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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.
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 there
presentation has been issued only with a view to ensure
expeditious redressal of petitioner's grievance. The same may not
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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.
215-Zeeshan
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