Kailash Kumar vs State Of Rajasthan
2021 Latest Caselaw 15992 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Civil Writ Petition No. 14698/2021

Kailash Kumar S/o Shri Durga Ram, Aged About 36 Years, Vpo
Atbada, 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.
                                                                  ----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

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




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                                   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

                                   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.

209-Zeeshan

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