Sher Singh vs State Of Rajasthan
2021 Latest Caselaw 16160 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                                JODHPUR

               S.B. Civil Writ Petition No. 14873/2021

Sher Singh S/o Shri Khuma Ram, Aged About 40 Years, Bandra,
Post Artia Kalla, Tehsil Bhopalgarh, District Jodhpur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through Secretary, Department Of
        Education, Government Of Rajasthan, Jaipur.
2.      The Director, Elementary Education And Panchayati Raj
        Department, Rajasthan, Bikaner (Raj.).
3.      The Director, Secondary Education, Bikaner (Raj.).
4.      The District Education Officer (Head Quarter), Secondary
        Education, Jodhpur (Raj.).
5.      The District Education Officer Elementary Education,
        Jodhpur (Raj.).
                                                                 ----Respondents


For Petitioner(s)         :    Ms.Swati Shekhar
For Respondent(s)         :    Mr. Vishal Jangid, Dy.GC



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

25/10/2021

     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.



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        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

be construed to be an order to decide the representation in a

particular manner.



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                                        The writ petition as well as stay application stand disposed of

                                   accordingly.



                                                                  (DR.PUSHPENDRA SINGH BHATI),J.

288-SPhophaliya/-

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