Rajasthan High Court
Ram Bharosi Verma S/O Shri Dharam ... 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. 1123/2022
Ram Bharosi Verma S/o Shri Dharam Singh, Aged About 58
Years Six Months, Resident Of GPO Khedi Hevat, Tehsil Suroth,
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 preferred against the order of
Rajasthan Civil Services Appellate Tribunal, Jaipur dated
05.01.2022 (Annexure-6), whereby, the appeal of the petitioner
was dismissed.
It has been submitted on behalf of the petitioner that
the petitioner was initially appointed in the year 1999 and
presently, he is holding the post of Teacher Grade-III Level-I and
he was posted at Upper Primary School, Khijuri. The petitioner
was transferred to Government Higher Secondary School,
Chiravanda, Hindaun vide order dated 10.07.2017. The petitioner
joined in compliance of the transfer order dated 10.07.2017
(Annexure-1) in Govt. Higher Secondary School, Block Nadoti,
District-Karauli on 06.10.2017 (Annexure-3).
(2 of 3) [CW-1123/2022]
The petitioner submitted a representation dated
06.09.2021 (Annexure-5) to District Education Officer Secondary
Education, Karuali praying therein that he may be transferred to
the Schools mentioned in the representation on the ground that
his place of permanent residence is 80 km far from the place of
posting. He is above 58 years of age and his wife is suffering from
serious ailments.
This representation has not yet been decided by the
respondents and he was not transferred to the place of his choice
as mentioned in the representation submitted by him. Against this
action of the State Government, the petitioner preferred an appeal
before the learned Tribunal which came to be dismissed on
05.01.2022 vide impugned order (Annexure-6). Hence this 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
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."
(3 of 3) [CW-1123/2022]
In support of his arguments, learned counsel for the
petitioner has relied upon order of learned Tribunal (Annexure-7)
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.
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/5
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