Rajasthan High Court - Jodhpur
Mahaveer Prasad 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. 13061/2021
Mahaveer Prasad S/o Shri Ram Swaroop, Aged About 39 Years,
Resident Of Karanpura, Tehsil Bhadra, District Hanumangarh.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Panchayati Raj And Rural Development,
Govt. Of Rajasthan, Secretariat, Jaipur.
2. Director, Primary Education, Bikaner.
3. District Education Officer, Primary Education,
Hanumangarh.
4. Chief Executive Officer, Zila Parishad, Hanumangarh.
5. Development Officer, Panchayat Samity, Bhadra, District
Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Pankaj Sharma, AAG with
Mr. Deepak Chanadak
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
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(2 of 3) [CW-13061/2021]
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.
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.
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(3 of 3) [CW-13061/2021]
The writ petition as well as stay application stand disposed of
accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
34-Sanjay/-
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