Vinod Kumar Khatik vs State Of Rajasthan ...
2023 Latest Caselaw 2762 Raj

[2023/RJJD/008697]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3025/2023

1. Vinod Kumar Khatik S/o Jagdish Chandra, Aged About 40 Years, R/o Khatik Mohalla, Chittorgarh, Rajasthan.

2. Seema Kumari Khatik D/o Doulat Ram Khatik, Aged About 30 Years, R/o Sadar Bazar, Rani Khera District Chittorgarh, Rajasthan.

3. Dinesh Kumar Khatik S/o Banshi Lal, Aged About 49 Years, R/o A-130 Pratap Nagar Kanya Gurukul Ke Pass, Chittorgarh, Rajasthan.

4. Suresh Chandra Jat S/o Devi Lal Jat, Aged About 40 Years, R/o Mokhampura Jojron Ka Kheda Chittorgarh, Rajasthan.

5. Bhagya Lakshmi Daroga D/o Mangi Lal Daroga, Aged About 28 Years, R/o 491 Mata Gi Ka Rasta, Hameer Garh, Bhilwara, Rajasthan.

6. Aanchal Nagar D/o Satyanarayan Chhipa, Aged About 29 Years, R/o Manpura, Semalpura, Chittorgarh, Rajasthan.

7. Mohammed Aarif Pinjara S/o Mohammed Hussain, Aged About 32 Years, R/o 1/165 Gandhi Nagar, Chittorgarh, Rajasthan.

8. Vijay Kumar Gachha S/o Khyali Lal Gachha, Aged About 39 Years, R/o 192 Aadesh School Ke Piche, Gandhi Nagar Se. No. 2.a, Chittorgarh, Rajasthan.

9. Om Prakash Meena S/o Kalulal Meena, Aged About 36 Years, R/o 1-D-27 Part-B, Sanjay Gandhi Nagar, Kota, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan Secretariat, Jaipur, Rajasthan.

2. Director, Department Of Secondary Education, Bikaner, Rajasthan.

3. Joint Director, Department Of Secondary Education, Udaipur Division, Udaipur, Rajasthan.

4. District Education Officer, Secondary Education Department, Pratapgarh, Rajasthan.

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                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vikram Singh Bhati
For Respondent(s)         :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

05/04/2023

The counsel for the petitioners submits that the controversy

involved in the present case is squarely covered by a judgment of

this court passed in a batch of writ petitions led by S.B.Civil Writ

Petition No.981/2022 (Chet Ram Meena V/s State of Rajasthan &

Ors.) on 02.02.2023 in the following terms:

"1. Petitioners in all these petitions have approached this court with a common grievance that in spite of the fact that the petitioners do not hail from TSP area, they have been posted at places which were either in a TSP area or have been included in TSP area by virtue of the notification issued from time to time by the President of India in this regard.

2. It is argued that petitioners have been retained in TSP area regardless of an earlier decision that was taken by the competent authority, to shuffle them out of TSP area in furtherance of concern expressed by the Department of Personnel.

3. Mr. Pankaj Sharma, learned Additional Advocate General places before the court Minutes of a Meeting dated 06.01.2023 drawn by a high level Committee constituted by the State Government and points out that in light of the such decision, all the petitioners would be moved to Non- TSP area in phased manner.

4. A photocopy of the Minutes of the Meeting which has been produced by Mr. Sharma, learned AAG, is taken on record.

5. All these petitions are disposed of in light of the above referred decision of the State Government in the meeting held on 06.01.2023.

6. State shall ensure that the decision taken qua these petitioners is given effect to as early as possible preferably within a period of six months from today.

7. Needless to observe that since the petitioners will be moved out of their respective districts on account of the decision of the State Government (and not at their

[2023/RJJD/008697] (3 of 3) [CW-3025/2023]

own request) they shall not lose their seniority and they will not be placed in bottom of the seniority list, which is so done in case a candidate opts for to it on his own accord.

8. The stay application (s) also stands disposed of accordingly".

The counsel for the petitioners submits that the present writ

petition may also be disposed of in the same terms.

In view of the submission made, the present writ petition is

also disposed of in terms of the order dated 02.02.2023 passed by

this court in the case of Chet Ram Meena (Supra).

(VINIT KUMAR MATHUR),J 50-SanjayS/-

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