Rajasthan High Court - Jodhpur
Sohan Singh Rajput vs State Of Rajasthan on 25 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14325/2021
Sohan Singh Rajput S/o Sh. Shanker Singh Rajput, Aged About
30 Years, Sagrun Nichali Bhagal, Tehsil Khamnaur, Dist.
Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Elementary
Education, Bikaner.
2. The Director, Secondary Education, Bikaner.
3. The District Education Officer (Head Quarter), Elementary
Education, Rajasamand.
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
For Respondent(s) : Mr. Vishal Jangid, Dy. GC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/10/2021
In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
Learned counsel for the petitioners 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 and followed in Arivind
Kumar Pargi v. State of Rajasthan & Ors. : S.B. Civil Writ Petition
No. 13106/2021, decided on 21.09.2021 at Jodhpur.
Learned counsel for the petitioners points 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.
(Downloaded on 26/10/2021 at 09:28:05 PM)
(2 of 2) [CW-14325/2021]
In the present case new guidelines dated 24.08.2021 have
been issued.
The petitioners are 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
petitioners 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 petitioners' representation are decided, the petitioners
shall be permitted to discharge their duties at present place of
posting (before passing of the impugned orders).
It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioners' 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.
307-Sanjay/-
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