Mahesh Chandra vs The State Of Rajasthan ...
2023 Latest Caselaw 10292 Raj

Rajasthan High Court - Jodhpur

Mahesh Chandra vs The State Of Rajasthan ... on 1 December, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:41362]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Writ Petition No. 18515/2023

1.        Mahesh Chandra S/o Bhagwana Ram, Aged About 49
          Years, R/o Village Syopura, Dhaka Ka Bas, Post Taitra, Via
          Mandawa, District Jhunjhunu, Rajasthan.
2.        Rakesh Kumar Lamba S/o Bhudar Mal, Aged About 30
          Years, R/o Vpo Chelasi, Tehsil Nawalgarh, District
          Jhunjhunu, Rajasthan.
3.        Sunil Rewar S/o Bhagchand, Aged About 44 Years, R/o
          Village Saiswas, Post Chudi, Ajitgarh, District Jhunjhunu,
          Rajasthan.
4.        Kamlesh Kumar S/o Ramkaran, Aged About 35 Years, R/o
          Vpo Keru, Via Dumra, Tehsil Nawalgarh, District
          Jhunjhunu, Rajasthan.
                                                       ----Petitioners
                                 Versus
1.        The State Of Rajasthan, Through Its Secretary,
          Department      Of   Education,   Govt.   Of     Rajasthan,
          Secretariat, Jaipur.
2.        The Director, Secondary Education, Rajasthan, Bikaner.
3.        The District Education Officer, Secondary Education,
          Jhunjhunu.
4.        The District Education Officer, Secondary Education,
          Neem Ka Thana.
                                                    ----Respondents


For Petitioner(s)              :     Mr. Hans Raj Nimbar



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

01/12/2023

1. Learned counsel for the petitioners submits that the

controversy involved in the present writ petition is squarely

covered by a judgment rendered by this Court in S.B. Civil Writ

Petition No.13935/2023 (Dashrath Singh & Ors. Vs. State

of Rajasthan & Ors.) decided on 18.09.2023, in the following

terms:-

"1. By way of present writ petition, the petitioners have raised a grievance that at the time of initial appointment, they had chosen District Jalore as their

[2023:RJ-JD:41362] (2 of 2) [CW-18515/2023]

preference and they were accorded posting in such district, however, after creation of District Sanchore as anew district, their area of posting has fallen under District Sanchore. The petitioners want to have their posting in District Jalore.

2. It is the contention of the petitioners that opportunity to fill option forms for changing preferred district have been given to similar employees by the Director, Secondary Education, however, no such opportunity has been given to the petitioners, who want to remain in District Jalore, though their area of posting after creation of District Sanchore falls under Sanchore.

3. The present writ petition is, therefore, disposed of with a direction to the petitioners to file a representation before the Director, Secondary Education along with certified copy of the order instant and requisite documents, including the notification creating District Sanchore as a separate district.

4. In case, any representation along with the certified copy of the order instant is addressed, the Director, Secondary Education shall consider petitioners' representation in accordance with law and call for option from the petitioners within a period of one month from today.

5. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioners' grievance. The same may not be construed to be an order to decide the representation in a particular manner.

6. The stay application also stands disposed of accordingly."

2. For the self same reasons, the present writ petition is also

disposed of in the same terms as in the case of Dashrath Singh

(supra).

3. All pending applications, if any, stand disposed of

accordingly.

(DR. PUSHPENDRA SINGH BHATI), J. 59-Sudheer/-

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