Rajasthan High Court - Jodhpur
Smt. Santosh Jhajharia vs State Of Rajasthan ... on 1 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/012864]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2649/2023
Smt. Santosh Jhajharia D/o Shri Shivlal, W/o Shri Jail Singh,
Aged About 45 Years, Village And Post Raipur Jattan, Tehsil
Buhana, District Jhunjhunu, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Elementary Education, Government Of
Rajasthan, Jaipur, Rajasthan.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The District Education Officer (Head Quarter), Secondary
Education, Pratapgarh.
5. The District Education Officer (Head Quarter), Elementary
Education, Jhunjhunu.
----Respondents
For Petitioner(s) : Mr. Ramdev Potalia
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/05/2023
The counsel for the petitioner submit 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.
[2023/RJJD/012864] (2 of 3) [CW-2649/2023]
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 petitioner 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,
[2023/RJJD/012864] (3 of 3) [CW-2649/2023]
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J
79-/Vivek/-
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