Rajasthan High Court - Jodhpur
Ajay Kumar Sharma vs State Of Rajasthan ... on 22 March, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/007287]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 3457/2023
1. Ajay Kumar Sharma S/o Chand Mal Sharma, Aged About
54 Years, Resident Of Sawarda, Jaipur (Raj.).
2. Ramavatar Meena S/o Bharat Lal Meena, Aged About 41
Years, Resident Of Bamanwas, Sawai Madhopur (Raj.).
3. Vijay Mohan S/o Phunsiya Ram, Aged About 46 Years,
Resident Of Daulatgarh, Bharatpur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of 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 District Education Officer, (Headquarter), Secondary
Education, Udaipur.
5. The Chief Executive Officer, Zila Parishad, Udaipur.
----Respondents
For Petitioner(s) : Mr. Manjeet Godara.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
22/03/2023
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
[2023/RJJD/007287] (2 of 2) [CW-3457/2023]
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
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
68-AnilSingh/-
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