Rajasthan High Court - Jodhpur
Ram Kuwar Dhaka vs State Of Rajasthan on 26 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14511/2021
Ram Kuwar Dhaka S/o Ram Kishan Dhaka, Aged About 39 Years,
Resident Of Village Neemrasar, Post Ratusar, Tehsil Sardarshahar,
District Churu. At Present Working As Teacher Grade-Iii Level-Ii
(Sanskrit) Posted At Secondary School, Sitsar, Block Ratangarh,
District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Secondary Education, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The District Education Officer (Secondary), Headquarter,
Churu.
5. The District Education Officer (Elementary), Headquarter,
Churu.
----Respondents
For Petitioner(s) : Mr. Inderjeet Yadav
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
(2 of 2) [CW-14511/2021]
Rajasthan & Ors. : SB Civil Writ Petition No.11136/2017 decided by Jaipur
Bench on 24.07.2017.
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
237-Sudheer/-
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