Rakesh Kumar vs State Of Rajasthan
2021 Latest Caselaw 16232 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14993/2021

Rakesh Kumar S/o Shri Ramniwas Saharan, Aged About 27 Years, Ward No. 02, Ratna Desar, District Hanumangarh (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.).

2. Director, Elementary Education And Panchayati Raj Department, Rajasthan, Bikaner (Raj.).

3. Director, Secondary Education, Bikaner (Raj.).

4. District Education Officer (Head Quarter), Secondary Education, Bikaner (Raj.).

5. District Education Officer, Elementary Education, Bikaner (Raj.).

                                                                  ----Respondents


For Petitioner(s)           :    Mr. OP Sangwa
For Respondent(s)           :    Mr. Vishal Jangid, Dy. GC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

26/10/2021

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.

(2 of 2) [CW-14993/2021]

Mr. Vishal Jangid, learned counsel for the respondents, is not

in a position to dispute the aforesaid position of facts and law.

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 her district and

judgment, which she 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 her duties at present place of

posting (before passing of the impugned order).

It is made clear that aforesaid direction to decide the

representation 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

344-Sudheer/-

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