Bharat Lal vs State Of Rajasthan ...
2023 Latest Caselaw 4939 Raj

Citation : 2023 Latest Caselaw 4939 Raj
Judgement Date : 19 May, 2023

Rajasthan High Court - Jodhpur

Bharat Lal vs State Of Rajasthan ... on 19 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/016336]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6868/2023

1. Bharat Lal S/o Mahesh Chand, Aged About 27 Years, Resident Of Village Korer, Tehsil Deeg, District Bharatpur.

2. Ujagar Singh Choudhary S/o Ram Niwas Choudhary, Aged About 39 Years, R/o Bhadana Affordable Housing Yojna, Rangpur Road, Arjunpura, Kota.

3. Om Prakash S/o Kashi Ram Jalwal, Aged About 52 Years, R/o Sardarpura Jiwan, 6 Spm, Sri Ganganagar

4. Krishna Murari S/o Pooran Singh, Aged About 28 Years, R/o Village Daulatgarh, Tehsil Roopwas, District Bharatpur.

5. Kaushal Kumar Verma S/o Batti Lal Verma, Aged About 32 Years, R/o Near Doodh Dairy Ramdev Temple, Mahu Kalan, Tehsil Gangapur, District Sawai Madhopur.

6. Vikram Kumhar S/o Umray Singh, Aged About 33 Years, R/o 543 Ekta Nagar-A Behind Heerapura Power House, Ajmer Road, Jaipur, Pin 302021

7. Jyoti Bairwa S/o Ghanshyam Bairwa, Aged About 32 Years, R/o Village- Jhorinda Bhojpura, Post - Pachala, Teh. Phagi, Disst. Jaipur

8. Aarti Kumari S/o Arjun Singh, Aged About 26 Years, R/o Village- Karenua, Post - Tamrer Teh. Kumher, Disst.- Bharatpur, Pin 321202

9. Sonu Kumari S/o Mahipal, Aged About 31 Years, R/o V/p-

Hamirwas, Teh. Rajgarh, Disst.- Churu, Pin - 331305

10. Beena Kumari Bairwa S/o Pooran Mal Bairwa, Aged About 31 Years, R/o Vip - Bandana, Teh And Disst. - Dausa

11. Akshay Kumar Suthar S/o Indraj, Aged About 40 Years, R/o Vpo - Phephana, Teh - Nohar, Disst. -Hanumangarh

12. Bhagwan Sahay Poter S/o Ganesh Narayan Poter, Aged About 28 Years, R/o Village - Dhigariya Tappa, Koleshwar, Disst. - Dausa

13. Bharat Singh S/o Duli Chand, Aged About 28 Years, R/o Vpo-Badangarh, Teh - Deeg, Disst.- Bharatpur

14. Guntar Kumar S/o Sahab Ram, Aged About 36 Years, R/o Vpo - Pakka Sarna, Teh And Disst. - Hanumangarh

15. Babu Lal S/o Badri Lal, Aged About 34 Years, R/o Vpo -

[2023/RJJD/016336] (2 of 4) [CW-6868/2023]

Asnawar, Teh - Asnawar, Disst. - Jhalawar

16. Nand Kishor Jat S/o Ladu Ram Jat, Aged About 39 Years, R/o Vpo Kishorpura, Teh - Phagi, Disst. - Jaipur, Pin 303005

17. Rohitash Kumar Harijan S/o Sant Lal Harijan, Aged About 32 Years, R/o Village - Amarpura, Post - Raikaranpura, Teh - Kotputli, Disst. Jaipur, Pin - 303105

18. Mahesh Kumar Sharma S/o Babu Lal Sharma, Aged About 33 Years, R/o A-95 Shekhawati Nagar, Opposite Road No 8, Vki Area, Sikar Road, Jaipur

19. Usha Devi S/o Ram Karan, Aged About 38 Years, R/o V/p-

Pura Bai Kheda, Teh - Bayana, Disst. - Bharatpur

20. Sunil Kumar Gauttam S/o Murari Lal Gauttam, Aged About 30 Years, R/o Vip - Udgaon, Teh - Bonli, Disst. - Swai Madhopur

21. Bhanwar Lal Kumhar S/o Hardev Lal Kumhar, Aged About 32 Years, R/o Village - Ramnagar, Post - Ghadwalo Ka Kheda, Teh - Hurda, Disst. Bhilwara, Pin - 311024

22. Ranjit Singh S/o Bhagwan Singh, Aged About 30 Years, R/ o Village - Chhatarpur, Post - Katara, Teh - Nadbai, Disst.

- Bharatpur, Pin 321602

23. Dileep Kumar Yadav S/o Prahalad Singh Yadav, Aged About 30 Years, R/o Village - Gopalpura, Post - Toda, Teh

- Laxmangarh, Disst. Awar, Pin - 321607

24. Manoj Kumar S/o Banwari Lal, Aged About 37 Years, R/o Purani Basti, Chandana, District Jhunjhunu - 333026

25. Sunil Kumar Atal S/o Kailash Chand Atal, Aged About 32 Years, R/o Ward No.10, Regaro Ka Mohalla, Udaipuriya, Tehsil Chomu, District Jaipur- 303807

26. Satveer Verma S/o Shankar Lal Verma, Aged About 31 Years, R/o Ward No.3, Village Sakrai, Tehsil And District Sikar- 332721.

----Petitioners Versus

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

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

[2023/RJJD/016336] (3 of 4) [CW-6868/2023]

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

4. The Director, Elementary Education, Rajasthan, Bikaner

5. The District Education Officer, Secondary, Udaipur.

6. The Joint Director, Secondary Education, Udaipur Division, Udaipur

7. The District Education Officer (Headquarter), Elementary, Udaipur.

8. The Chief Executive Officer, Zila Parishad, Udaipur.

9. The District Education Officer (Headquarter), Elementary, Pratapgarh.

10. The Chief Executive Officer, Zila Parishad, Pratapgarh.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. Umashankar Dhakad
For Respondent(s)           :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/05/2023

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 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.

[2023/RJJD/016336] (4 of 4) [CW-6868/2023]

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).

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,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.