Sateesh Kumar vs State Of Rajasthan
2022 Latest Caselaw 8158 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8575/2022

Sateesh Kumar S/o Patee Ram, Aged About 29 Years, R/o V And P Basai Nawab, Tehsil Saipau, District Dholpur (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Rural And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. Director, Elementary Education Bikaner

3. Zila Parishad, Barmer, Through The Chief Executive Officer.

4. District Education Officer (Hq), Elementary Education Barmer

5. Chief Block Elementary Education Officer, Block Chohtan, District Barmer

6. Peeo, Govt. Sr. Secondary School Shobhala Jetmal (Chohtan) District Barmer

7. Zila Parishad, Karauli, Through The Chief Executive Officer.

8. District Education Officer (Hq), Elementary Education Karauli

9. Block Development Officer, Panchayat Samiti Sapotra, District Karauli

----Respondents

For Petitioner(s) : Mr. Dharmendra Kumar Barala Mr. O.P. Sangwa For Respondent(s) : Mr. Pankaj Sharma, AAG through VC assisted by Mr. Dhairyaditya Rathore

HON'BLE MR. JUSTICE KULDEEP MATHUR (VACATION JUDGE)

Order

14/06/2022

(2 of 4) [CW-8575/2022]

The petitioner has filed the present writ petition with

the following prayers:-

(i) By an appropriate writ order or direction, the

respondent may kindly be directed to relieve the petitioner

from his present place of posting i.e. Govt. Primary

School, Rohida Nadi (Chohtan) District Barmer for joining

her new place of posting i.e. Govt. Primary School

Bagdiya, Panchayat Samiti Sapotra, District Karauli.

(ii) By an appropriate writ order or direction, the

respondents may kindly be directed to relieve the

petitioner from his present place of posting with LPC and

all service benefit of his past service.

(iii) By an appropriate writ order or direction, the

respondents may kindly be directed to allow joining to the

petitioner in Govt. Primary School, Bagdiya, Panchayat

Samiti Sapotra, District Karauli pursuant to appointment

order dated 1.6.2022 (Annexure-4).

(iv) Any other relief which the Hon'ble Court considers just

and proper in the facts and circumstances of the case may

kindly be granted in favour of the petitioner.

This Court vide order dated 13.6.2022 asked the

petitioner to supply copy of the writ petition in the office of Shri

Pankaj Sharma, AAG.

Today, Mr. Pankaj Sharma, AAG has appeared in the

matter on behalf of the respondents and agreed that the

controversy involved in the present case is covered by the

judgment passed by the co-ordinate Bench of this Court in the

case of S.B. Civil Writ Petition No. 12846/2017 (Dhanraj Meena vs.

The State of Rajasthan & Ors.) decided on 15.1.2018. In the

(3 of 4) [CW-8575/2022]

aforesaid matter, following directions were issued to the

respondents:-

"In view of the specific provision i.e. second proviso to Rule 24 of RSR as well as the judgment of this Court in the case of Praveen Kumar Yadav (supra) and Chandra Kala Saini (supra), the stand taken by the respondents in orders dated 2.9.2015 (Annex.R/1) and 4.12.2017 (Annex.R/2), is without any basis.

In view thereof, the writ petitions filed by the petitioners are allowed, as the petitioners have already been relieved pursuant to the interim orders passed by this Court, the said interim orders passed by this Court directing to relieve the petitioners are made absolute.

It is further directed that the respondents while dealing with the cases of the petitioners pertaining to their pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law.

In cases where the petitioners have been relieved provisionally under the directions of this Court, the Authorities would pass appropriate orders pertaining to relieving of the petitioners alongwith their last pay certificate (L.P.C.), where they were serving earlier."

Keeping in view the aforesaid facts and circumstances

of the case, it is directed that the petitioner shall be relieved from

his present place of posting i.e. Government Primary School,

Rohida Nadi (Chohtan) District Barmer for joining in Government

Primary School, Bagdiya, Panchayat Samiti Sapotra, Karauli in

pursuance of the appointment order dated 1.6.2022. Relieving

order in favour of the petitioner shall be issued within a period of

three days from today.

                                                                               (4 of 4)                      [CW-8575/2022]



                                                Petitioner   will     be     permitted          to   join     duties   at

Government Primary School, Bagadiya, Panchayat Samiti Sapotra,

Karauli on or before 24.6.2022.

Accordingly, the petition stands disposed of.

(KULDEEP MATHUR ) VJ 152-Mak/-

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