Amit Kumar vs The State Of Rajasthan ...
2023 Latest Caselaw 6433 Raj

[2023:RJ-JD:27246]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10849/2023

1. Amit Kumar S/o Shishupal Singh, Aged About 30 Years, R/o Vpo Bakra, Teh. And Disst. Jhunjhunu, Pin - 333001.

2. Vinod Kumar Fulwa S/o Mohan Lal, Aged About 32 Years, R/o Fulwa Colony, Ward No. 16, Vpo Baragaon, Teh. Udaipurwati, Disst. Jhunjhunu, Pin-333021.

3. Narendra Khadiya S/o Umrao Lal Khadiya, Aged About 31 Years, R/o Village Rampura, Tehsil Paota, Disst. Jaipur, Pin-313106.

4. Virendra Singh S/o Kanwar Singh, Aged About 28 Years, R/o Village Fatiyabad, Gram Panchayat Machhroli, Tehsil Kishangarh Bas, Disst. Alwar.

5. Usha Sharma D/o Giriraj Sharma, Aged About 50 Years, R/o Shree Complex Badgaon, Udaipur.

6. Sunil Kumari D/o Duli Chand, Aged About 34 Years, R/o Sunil Kumar W/o Rajveer, Village Ranveerpura, Post Mahpalwas, Tehsil Surajgarh, District Jhunjhunu, Pin- 333033.

7. Vishnu Samriya S/o Bhanwar Lal, Aged About 31 Years, R/o House No. 39/40 Sanjay Colony, District Nagaur (Rajasthan) (341001).

8. Narendra Kumar S/o Ramkrishna Yadav, Aged About 25 Years, R/o Vpo Padmara Khurd, Tehsil Mundawar, District Alwar.

9. Devendra Sulania S/o Jagdish Sulania, Aged About 26 Years, R/o Shivanandpuri Colony, Vpo Mahapura, Tehsil Sanganer, Jaipur (302026).

10. Mukesh Kumar Gurjar S/o Mool Chand Gurjar, Aged About 34 Years, R/o Vpo Bhandarej, Tehsil Dausa, District Dausa, Pin-313701.

11. Govind Singh Rajawat S/o Laxman Singh, Aged About 35 Years, R/o Vpo Rawanjana Dungar, Tehsil Chauth Ka Barwara, District Swai Madhopur, Pin 322001.

12. Dhara Singh Jaluthria S/o Jagdish Prasad Jaluthria, Aged About 33 Years, R/o Village Nareth, Post Pratapgarh, Tehsil Thanagazi, Dist. Alwar, Pin-301027.

13. Hemlata Sharma D/o Rajendra Kumar Sharma, Aged About 32 Years, R/o Krishna Nagar, Pinky Hotel Ke Pichhe, Mahesvra Fatak, Dausa, Pin-303303.

14. Jagdish Prasad Aloriya S/o Gheesa Ram Aloriya, Aged About 42 Years, R/o Vpo Nayabas, Teh. Shahpura, Disst Jaipur, Pin-303806.

15. Krishna Sisodiya D/o Narayan Singh Vais, Aged About 57 Years, Resident Of House No. 111, Police Line Tekri, Udaipur.

----Petitioners

[2023:RJ-JD:27246] (2 of 3) [CW-10849/2023]

Versus

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

2. The Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Rajasthan, Jaipur.

3. The Director, Secondary Education, Rajasthan, Bikaner.

4. The Director, Elementary Education, Rajasthan, Bikaner.

5. The Joint Director, Secondary Education, Udaipur Division, Udaipur.

6. The District Education Officer, Secondary, Udaipur.

7. The District Education Officer, Elementary, Udaipur.

8. The Chief Executive Officer, Zila Parishad Udaipur.

----Respondents

For Petitioner(s) : Mr. Hanuman Singh Choudhary

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/08/2023

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

[2023:RJ-JD:27246] (3 of 3) [CW-10849/2023]

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 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).

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 88-/Vivek/-

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