Magan Lal Patel vs State Of Rajasthan
2023 Latest Caselaw 515 Raj

(1 of 2) [CW-9203/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9203/2019

Magan Lal Patel S/o Shri Hakarji, Aged About 49 Years, R/o Village Nagar, Post Adiwaly Tehsil Kherwara, Udaipur, Rajasthan.

----Petitioner Versus

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

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

3. District Education Officer, Secondary Education Department, Udaipur, Rajasthan.

4. District Education Officer, Elementary Education Department, Udaipur, Rajasthan.

5. Peeo Senior Secondary School, Harshawara Tehsil Jhadol, District Udaipur.

6. Chief Block Education Officer Kherwara, District Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh For Respondent(s) : Mr. Sarwan Kumar, AGC

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

12/01/2023

The present writ petition has been filed with the following

prayers:-

"A. By an appropriate writ, order or direction, the respondents may kindly be directed to the list issued on dated 22.06.2019 (Annexure-

2) may kindly be quashed and set aside qua the petitioner.

B. By an appropriate writ, order or direction, the respondents may kindly be directed to publish the list afresh while determine the vacant post in urban area.

(2 of 2) [CW-9203/2019]

C. By an appropriate writ, order or direction, the respondents may kindly be directed to obtain consent from the petitioner prior to shifting him from the Elementary setup to the Secondary setup.

D. By an appropriate writ, order or direction, the respondents may kindly be directed to decide the representation of the petitioner."

This Court after hearing learned counsel for the parties had

passed the interim order on 28.06.2019 whereby effect and

operation of the order dated 22.06.2019 (Annexure-2) qua the

petitioner was stayed. Since in the present case, the transfer/

posting of the petitioner is involved and the petitioner has

remained on the similar place, in view of the interim order passed

by this Court and a period of almost three and a half years have

passed, therefore, the present writ petition is disposed of in terms

that the absorption/transfer order dated 22.06.2019 (Annex.-2)

qua the petitioner is quashed and the respondents will be free to

pass a fresh transfer order in accordance with law considering the

administrative exigencies.

(VINIT KUMAR MATHUR),J 452-nitin/-

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