Rajasthan High Court
Nawalram Meena S/O Shri Ram Sahay ... vs State Of Rajasthan on 31 January, 2022
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1145/2022
Nawalram Meena S/o Shri Ram Sahay Meena, Aged About 58
Years, Resident Of VPO Sareda, Tehsil Hindon, District Karauli.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Education Department, Government Of Rajasthan,
Government Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner.
3. District Education Officer, Secondary Education, Karauli,
District Karauli.
----Respondents
For Petitioner(s) : Mr. Dilip Singh Kurka
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
31/01/2022
This petition has been filed by the petitioner against the
order of Rajasthan Civil Services Appellate Tribunal, Jaipur dated
05.01.2022 (Annexure-5).
It has been submitted on behalf of the petitioner that
the petitioner was initially appointed in the year 1995 and was
holding the post of PTI Grade-III and he was posted at present
place of posting i.e. Govt. Sr. Secondary School, Chiravanda, Block
Nadoti, District-Karauli vide order dated 13.09.2015. In pursuance
of the same, the petitioner joined his duties at present place of
posting on 22.09.2015 and since then he is working at present
place of posting. Annexure-1 and Annexure-2 have been annexed
with the file.
(2 of 4) [CW-1145/2022]
It is further submitted that the petitioner is only male
member in the family to take care of his family. The petitioner is
going to retire after 20 months and suffering from various disease
and regular treatment is going on. Due to his personal grievance,
he has requested to the respondents to post him near to his
residential place where the posts are lying vacant and for this
purpose, he submitted a representation on 06.09.2021 mentioning
the vacant posts but the respondents have not considered the
representation of the petitioner. Copy of the representation has
been marked as Annexure-4. It has further submitted that there
are number of posts lying vacant in Block Hindon, District Karauli
nearby his residential place.
When the representation of the petitioner was not
considered and decided, the petitioner approached the learned
Tribunal by way of filing an appeal No.6410/2021 with the prayer
to consider and decide the representation of the petitioner but the
learned Tribunal dismissed the appeal on the ground that the
petitioner has not submitted any order of transfer/posting. But the
learned Tribunal has not considered this aspect that the petitioner
has not approached the Tribunal against any transfer order but
only for redressal of his grievance and a limited prayer was made
to direct the respondents to consider and decide the
representation of the petitioner. Copy of the order of learned
Tribunal dated 05.01.2022 has been submitted as Annexure-5.
Hence, the present writ petition with following prayers:-
"It is, therefore, prayed that this writ
petition may kindly be allowed and by
appropriate writ, order or directions, the
(3 of 4) [CW-1145/2022]
judgment of the Tribunal dated 05.01.2022
may kindly be quashed and set aside.
That the respondents may further be
directed to decide the representation of the
petitioner dated 06.09.2021 in accordance
with law for redressal of grievances of the
petitioner.
Any other relief which this Hon'ble
Court may deem fit in favour of the
petitioner may also be awarded to the
petitioner.
That the cost of the writ petition may
also kindly be awarded in favour of the
petitioner."
In support of his arguments, learned counsel for the
petitioner has relied upon order of learned Tribunal and order of
Co-ordinate Bench of this Court in S.B. Civil Writ Petition
No.187/2022.
Learned counsel for petitioner submits that the
petitioner would be satisfied if an appropriate direction is issued to
the respondents to consider petitioner's representation to be
posted at nearby place in accordance with law where concerned
post is lying vacant.
The present writ petition is, therefore, disposed of with
a direction to the petitioner to submit a fresh representation
before the Competent Authority pointing out the vacant posts
where he prefers himself to be posted within a period of two
weeks along with photo-state copy of the earlier representation
and certified copy of the order instant. If such representation is
filed by the petitioner, the Competent Authority shall decide the
same in accordance with law preferably within a period of two
months from the receipt thereof.
(4 of 4) [CW-1145/2022]
It is further made clear that aforesaid direction to
decide the representation has been passed with a view to ensure
expeditious redressal of the petitioner's grievance. The same
should not be construed to be an order to decide the
representation in particular manner.
The writ petition stands disposed of accordingly. The
stay application also stands disposed of.
(MANOJ KUMAR VYAS),J
Sunita/6
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