Jakir Mohammd Qurashy S/O Ibrahim ... vs Chief Government Secretary
2022 Latest Caselaw 6929 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No.1128/2022.

Jakir Mohammd Qurashy S/o Ibrahim Mohammd Qurashy, aged
about 49 years, Teacher, Resident of Neembari, Jhalrapatan,
District Jhalawar (Raj.) Employee ID RJJW199722018144.
                                                    ----Appellant
                              Versus
1.      Chief Government Secretary, (School Education), State of
        Rajasthan, Jaipur.
2.      Shriman Nideshak Mahodaya, Elementary Education,
        Rajasthan, Bikaner.
3.      Shriman Joint Director, School Education, Kota Division,
        District Kota.
4.      Shriman      District Education  Officer,    (Elementary
        Education), Jhalawar (Raj.)
                                                ----Respondents

For Appellant(s) : Mr. Jakir Mohammd Qurashy in person For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment 01/11/2022

1. The petitioner-appellant Jakir Mohammd Qurashy has

appeared in person before the court.

2. The petitioner-appellant by means of this special appeal

(writ) has assailed the judgment & order dated 22/08/2022

passed by the writ court disposing of his writ petition.

3. The petitioner-appellant who is working on the post of

Teacher in Government Upper Primary School under the control

and supervision of the Department of Elementary Education,

preferred the above referred writ petition primarily for the

directions upon the respondents-authorities to allow him to join

his duties as he is not being permitted to join his duties in Rajkiya

Ucch Prathmik Vidyalaya Rooppura, Baldia, District Jhalawar on

the basis of certain fake letters.

(2 of 3) [SAW-1128/2022]

4. The learned Single Judge while disposing of the writ petition

and after noting that the grievance of the petitioner is that the

District Education Officer (Elementary Education) Jhalawar

Rajasthan is not allowing him to join his duties on the post of

Teacher Grade-III and that the respondents are not at fault rather

petitioner-appellant himself is not joining his duties and is

intentionally making complaints in this regard, disposed of the writ

petition with direction to the petitioner to join his duty in the office

of District Education Officer (Elementary Education) Jhalawar on or

before 31/08/2022. Upon his so joining, the District Education

Officer (Elementary Education) Jhalawar who was present in court

was directed to post the petitioner-appellant in accordance with

the rules and to pass appropriate orders with regard to leave of

the petitioner-appellant for the period of his absence.

5. A bare perusal of the above order of the learned Single

Judge reveals that the basic prayer of the petitioner to allow him

to join duties has been accepted and that he has been directed to

join in the office of District Education Officer (Elementary

Education) Jhalawar who in turn was directed to post the

petitioner-appellant at appropriate place. The aforesaid direction

disposing of the writ petition is virtually in favour of the petitioner-

appellant as it allows the basic prayer claimed by him in the writ

petition. In such circumstances, it is not open for the petitioner-

appellant to file any appeal contending that the orders/letters on

the basis of which he was not allowed joining are fake. Once the

directions have been issued in favour of the petitioner-appellant,

there is no necessity for the court to have expressed any opinion

on the alleged letters.

(3 of 3) [SAW-1128/2022]

6. It may not be out of context to mention here that the

petitioner-appellant in pursuance of the above judgment & order is

said to have joined within the time provided but states that the

District Education Officer (Elementary Education) Jhalawar did not

record his joining and that he has now been permitted to join in

his office only yesterday (31.10.2022).

7. Learned counsel for the respondents disputes the above facts

and submits that the petitioner-appellant himself failed to join

within time but accepted that he has now joined on 31/10/2022 in

the office of the District Education Officer (Elementary Education)

Jhalawar and that the orders for his posting shall be passed in due

course.

8. Be as it may, as in pursuance of the judgment & order dated

22/08/2022, the petitioner-appellant has joined duties in the office

of District Education Officer (Elementary Education) Jhalawar on

31/10/2022, the said officer is directed to accord posting to him in

accordance with law at appropriate place within a period of one

month from the date, a copy of this order is produced before him.

It goes without saying that the District Education Officer

(Elementary Education) Jhalawar upon posting the petitioner-

appellant and allowing him joining at the place of posting would

submit a compliance report before this Court on his personal

affidavit. The affidavit may be filed within two weeks of the

posting and joining of the petitioner-appellant.

9. The appeal stands disposed of accordingly.

                                    (ANOOP KUMAR DHAND),J                                              (PANKAJ MITHAL),CJ


                                   Anil Goyal-PS/12









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