Jagdish Prasad Upadhyay vs State Of Rajasthan
2021 Latest Caselaw 16433 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 15335/2021

Jagdish Prasad Upadhyay S/o Deepa Ram Upadhyay, Aged About
43 Years, Village Meghasar, Post Kolasar, District Bikaner.
                                                                     ----Petitioner
                                      Versus
1.      State Of Rajasthan, Through The Secretary, Department
        Of Secondary Education, Govt. Of Rajasthan, Secretariat,
        Jaipur.
2.      The Director, Secondary Education, Rajasthan, Bikaner.
3.      The District Education Officer (Secondary), Headquarter,
        Bikaner.
4.      The District Education Officer (Elementary), Headquarter,
        Bikaner.
                                                                  ----Respondents


For Petitioner(s)           :    Mr. Pramendra Bohra
For Respondent(s)           :    Mr. Vishal Jangid, Dy.GC



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

28/10/2021

     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.

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

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


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                                         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.

170-SKant/-

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