Rajasthan High Court - Jodhpur

Islamdeen vs State Of Rajasthan And Ors on 13 January, 2023

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2991/2018

Dinesh Kumar Doda S/o Shri Bishan Das, R/o Ward No. 16, Sri Karanpuri, District Sri Ganganagar, Presently Posted At Government Primary School- 20 O, Gurusar, Tehsil Sri Karanpur, District Sri Ganganaga, Rajasthan.

----Petitioner Versus

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

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

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

4. The District Education Officer, Secondary Education, District Sri Ganganagar, Rajasthan.

5. The District Education Officer., Elementary Education, District Sri Ganganagar, Rajasthan.

----Respondents Connected With S.B. Civil Writ Petition No. 2641/2018 Krishna Kumar S/o Sh. Chanan Ram, B/c Kumhar R/o Village 21 G.g. P.o 20, G.g. Tehsil And District Sriganganagar.

----Petitioner Versus

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

2. The Director, Secondary Education, Govt. Of Rajasthan, Bikaner.

3. The District Education Officer, Secondary Education, Sriganganagar.

4. District Education Officer, Elementary Education, Sriganganagar.

                                                                ----Respondents





                                            (2 of 5)                      [CW-2991/2018]

S.B. Civil Writ Petition No. 2821/2018 Islamdeen S/o Sh. Samru Khan, B/c Musalman R/o Village Post Gomat Tehsil Pokaran District Jaisalmer.

----Petitioner Versus

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

2. The Director, Secondary Education, Govt. Of Rajasthan, Bikaner.

3. The District Education Officer, Secondary Education, Jaisalmer.

4. District Education Officer, Elementary Education, Jaisalmer.

----Respondents S.B. Civil Writ Petition No. 3634/2018 Gurvinder Singh S/o Shri Balveer Singh, R/o Vpo-25 F, Gulabewala, Via Kesrisinghpur, District Sriganganagar.

----Petitioner Versus

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

2. Director, Secondary Education, Bikaner.

3. Director, Elementary Education, Bikaner.

4. Chief Executive Officer, Zila Parishad, Sriganganagar

5. District Education Officer, Secondary, Sriganganagar

6. District Education Officer, Elementary, Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. H. R. Chawala Mr. Parmendra Bohra Mr. Hemant Choudhary For Respondent(s) : Mr. Sarwan Kumar, AGC

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment / Order

13/01/2023

S.B. Civil Writ Petition No. 2991/2018:-

(3 of 5) [CW-2991/2018]

The present writ petition has been filed with the following

prayers:-

"A. By an appropriate writ, order or direction, the order dated 14.02.2018 (Annex.-8) and the Absorption/Transfer order dated 10.07.2017 (Annex.-3) may kindly be quashed and set aside qua the petitioner.

B. By an appropriate writ, order or direction, the respondent are directed to permit the petitioner to work continue at his earlier posting place i.e. Government Primary School, 20-O, Gurusar, Tehsil Sri Karanpur under his present setup and level."

This Court after hearing learned counsel for the parties had

passed the interim order on 05.03.2018 whereby effect and

operation of the order dated 10.07.2017 (Annexure-3) 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 five and a half years have

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

that the absorption/transfer order dated 10.07.2017 (Annexure-3)

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.

S.B. Civil Writ Petition No. 2641/2018:-

The present writ petition has been filed with the following

prayers:-

"A. The impugned order dated 10.07.2017 (Annex.5) and 14.02.2018 (Annex.7) may kindly be quashed and set aside qua the petitioner and the respondents may kindly be directed to allow the petitioner to work at the earlier place of posting."

This Court after hearing learned counsel for the parties had

passed the interim order on 21.02.2018 whereby it is directed that

(4 of 5) [CW-2991/2018]

the petitioner has not been relieved so far, he shall not be

relieved. 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 four and a half years have passed, therefore,

the present writ petition is disposed of in terms that the

absorption/transfer orders dated 10.07.2017 (Annex.5) &

14.02.2018 (Annex.7) 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.

S.B. Civil Writ Petition No. 2821/2018:-

The present writ petition has been filed with the following

prayers:-

"(i). The impugned order dated 12.07.2017 (Annex.4) and 16.02.2018 (Annex.6) may kindly be quashed and set aside qua the petitioner and the respondents may kindly be directed to allow the petitioner to work at the present place of posting."

This Court after hearing learned counsel for the parties had

passed the interim order on 23.02.2018 whereby it is directed that

the petitioner has not been relieved so far, he shall not be relieved

from the place of posting. 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 four and a half years have

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

that the absorption/transfer orders dated 12.07.2017 (Annex.4)

and 16.02.2018 (Annex.6) 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.

(5 of 5) [CW-2991/2018]

S.B. Civil Writ Petition No. 3634/2018:-

The present writ petition has been filed with the following

prayers:-

"1. The record of the case may kindly be called for;

2. The impugned orders dated 10.07.2017 (Annex.4), 14.02.2018 (Annex.7) and 23.02.2018 (Annex.8) and subsequent relieving order, if any, passed may very kindly be quashed and set aside qua the petitioner with all their natural consequences.

3. The respondents may kindly be restrained from transferring the lien of service of the petitioner to the Department of Secondary Education from Department of Elementary Education in pursuance of impugned order and keep posted at present place of posting as Teacher Grade-III (Punjabi)."

This Court after hearing learned counsel for the parties had

passed the interim order on 13.03.2018 whereby it is directed that

the petitioner has not been relieved so far, he shall not be

relieved. 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 four and a half years have passed, therefore,

the present writ petition is disposed of in terms that the

absorption/transfer orders dated 10.07.2017 (Annex.4),

14.02.2018 (Annex.7) and 23.02.2018 (Annex.8) qua the

petitioner is quashed and the respondents will be free to pass a

fresh transfer order in accordance with law considering the