Rajasthan High Court - Jodhpur

Mahavir Singh vs State Of Rajasthan ... on 26 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/017735]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7483/2023

1. Mahavir Singh S/o Shri Lal Singh, Aged About 47 Years, R/o Bichala, Tehsil Tizara, District Alwar. At Present Working As Teacher Grade Iii Government Upper Primary School, Kudi Pada 1, District Pratapgarh.

2. Hemlata Koli D/o Shri Chaturbhuj Koli W/o Harishnkar Koli, Aged About 37 Years, R/o Badan , Tehsil Baran , District Baran. At Present Working As Teacher Grade Iii Government Primary School, Dungripada , District Pratapgarh.

3. Prempal Sharma S/o Shri Jagdish Prasad, Aged About 32 Years, R/o Khemra , Tehsil Sewar , District Bharatpur. At Present Working As Teacher Grade Iii Government Upper Primary School, Kakaravapada , District Pratapgarh.

4. Anil Kumar S/o Shri Ramcharan Sharma, Aged About 34 Years, R/o Awar , Post Awar , Tehsil Kumher , District Bharatpur. At Present Working As Teacher Grade Iii Government Upper Primary School, Karmoda , District Pratapgarh..

5. Tejmal Meena S/o Shri Sitaram Meena, Aged About 47 Years, R/o Gudha Gokulpura , Tehsil Hindoli , District Bundi. At Present Working As Teacher Grade Iii Government Primary School, Valrapada , District Pratapgarh.

6. Beni Prasad Meena S/o Shri Ramnath Meena, Aged About 38 Years, R/o Gohata , Tehsil Indergarh , District Bundi. At Present Working As Teacher Grade Iii Government Upper Primary School, Chikli , District Pratapgarh.

7. Radhe Shyam Meena S/o Shri Biradhi Lal Meena, Aged About 51 Years, R/o Tirath , Tehsil Talera , District Bundi. At Present Working As Teacher Grade Iii Government Primary School, Pipalipara , District Pratapgarh.

8. Babu Lal Meena S/o Shri Jaikisan Meena, Aged About 49 Years, R/o Kashipura , Post Mani , Tehsil Nainva , District Bundi. At Present Working As Teacher Grade Iii Government Primary School , Badhakhora, District Pratapgarh

9. Roop Chand Jain S/o Shri Mahendra Kumar Jain, Aged

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About 44 Years, R/o Pech Ki Bawari , Tehsil Hindoli , District Bundi. At Present Working As Teacher Grade Iii Government Primary School, Hangrikhera , District Pratapgarh.

10. Surendra Singh S/o Shri Nawal Singh, Aged About 50 Years, R/o Pipalda Harji , Post Balood , Tehsil K.patan , District Bundi. At Present Working As Parbodhak Government Primary School, Pandvalipada Kupda , District Pratapgarh.

11. Narayan Lal Sharma S/o Shri Gopal Lal Sharma, Aged About 37 Years, R/o Bus Stand , Owan, Tehsil Hindoli, District Bundi. At Present Working As Teacher Grade Iii Government Upper Primary School, Bhameri, District Pratapgarh.

12. Sitaram Sharma S/o Shri Utsav Lal Sharma, Aged About 33 Years, R/o Lado Ka Mohlla , Tehsil Nainwan , District Bundi. At Present Working As Teacher Grade Iii Government Primary School, Gadha , District Pratapgarh.

13. Sunil Kumar Sharma S/o Shri Ramji Lal Sharma, Aged About 42 Years, R/o Np Lalsot Ward No. 09 , Tehsil Lalsot , District Dausa. At Present Working As Teacher Grade Iii Government Primary School, Herapada , District Pratapgarh.

14. Ritu Rawat D/o Shri Babulal Sharma W/o Anil Rawat, Aged About 46 Years, R/o Patel Sans Agra Road, Patel Nagar, District Dausa. At Present Working As Teacher Grade Iii Government Senior Secondary School, Ghantali, District Pratapgarh.

15. Ramkishan Meena S/o Shri Ramphool Meena, Aged About 44 Years, R/o Nayawas , Tehsil Lalsot , District Dausa. At Present Working As Teacher Grade Iii Government Primary School, Choukipada, District Pratapgarh.

16. Ramesh Chand Meena S/o Shri Klyan Mal Meena, Aged About 52 Years, R/o Mandawari , Post Np Mandawari , Tehsil Lalsot , District Dausa. At Present Working As Teacher Grade Iii Government Primary School, Chayanpada , District Pratapgarh.

17. Sarla Devi D/o Shri Jai Singh Godara W/o Subhash Chander Berwal, Aged About 42 Years, R/o Sherda , Tehsil Bhadra , District Hanumangarh. At Present Working As

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Teacher Grade Iii Government Primary School, Nalpada Peepalkhunt , District Pratapgarh.

18. Anju Singh Rathore S/o Shri Hanuman Singh, Aged About 34 Years, R/o Peepla , Tehsil Phagi , District Jaipur. At Present Working As Teacher Grade Iii Government Primary School, Dungripada Kupda , District Pratapgarh.

19. Gopal Sharma S/o Shri Sataynarayan Sharma, Aged About 49 Years, R/o 44 Adrash Krishna Nagar, Kartarpura , District Jaipur. At Present Working As Teacher Grade Iii Government Upper Primary School, Jambudipada , Block Choti Sarvan , District Banswara.

20. Vichitra Tiwari S/o Mangala Kant Tiwari, Aged About 32 Years, R/o Ward 17 , Bhawani Mandi, Tehsil Panchpahar City Bhawanimandi, District Jhalawar. At Present Working As Teacher Grade Iii Government Upper Primary School, Kundal Ganawa, District Pratapgarh.

21. Chhoti Devi D/o Shri Ramlal Bhasker W/o Sri Ram, Aged About 50 Years, R/o Ward No. 11, Birol , Tehsil Nawal Garh , District Jhunjhunun. At Present Working As Teacher Grade Iii Government Primary School, Bhagoro Ka Badapada , District Pratapgarh.

22. Sudha Chahar D/o Shri Ramji Lal Chahar W/o Suresh Poonia, Aged About 48 Years, R/o Marigsar, Tehsil Jhunjhunu , District Jhunjhunu. At Present Working As Teacher Grade Iii Government Senior Secondary School, Thechla , District Pratapgarh.

23. Manju D/o Shri Harchand W/o Rajesh Kumar, Aged About 44 Years, R/o Lamba , Tehsil Chirawa , District Jhunjhunun. At Present Working As Teacher Grade Iii Government Senior Secondary School,semarda , District Pratapgarh

24. Jaipal Singh Shekhawat S/o Shri Bhur Singh Shekhawat, Aged About 58 Years, R/o Bhaothari , District Jhunjhunun. At Present Working As Teacher Grade Iii Government Primary School, Pipalkhud , District Pratapgarh.

25. Neeru Mehra D/o Shri Gori Lal Verma W/o Rakesh Kumar Khanpuria, Aged About 52 Years, R/o House No. 617 Shastri Nagar, Dadabari , District Kota . At Present Working As Teacher Grade Iii Government Primary School, Handiyapada , District Pratapgarh.

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26. Jawan Singh S/o Shri Laxman Singh, Aged About 43 Years, R/o New Colony Dhingsari , District Nagaur. At Present Working As Teacher Grade Iii Government Secondary School, Lambadabara, District Pratapgarh.

27. Rajendra Kumar Sher S/o Shri Rakesh Kumar Sher, Aged About 50 Years, R/o Kothi , Post Pancholas , District Sawai Madhopur. At Present Working As Teacher Grade Iii Government Primary School, Badbudhapada , District Pratapgarh.

28. Jeetendra Kumar S/o Shri Mani Shankar, Aged About 38 Years, R/o Villege And Post Shakhu, Via Balara, Tehsil Laxmangarh , District Sikar. At Present Working As Teacher Grade Iii Government Primary School, Pandvalipada Kupda , District Pratapgarh.

29. Shiv Bhagwan S/o Shri Kishna Ram, Aged About 34 Years, R/o Ward No. 7 Binjayasi , Tehsil Dhod , District Sikar. At Present Working As Teacher Grade Iii Government Upper Primary School, Katarao Ka Kheda A Semliya , District Pratapgarh.

30. Bhagwati Devi D/o Shri Pura Ram W/o Sampat Ram, Aged About 47 Years, R/o Hardayalapura ,tehsil Takhalsar, District Sikar. At Present Working As Teacher Grade Iii Government Primary School, Dholi Dungari , District Pratapgarh.

31. Radhey Shyam Vijay S/o Shri Bridhi Chand Vijay, Aged About 34 Years, R/o Villege Sindholiya , Tehsil Malpura , District Tonk. At Present Working As Teacher Grade Iii Government Upper Primary School, Kudapada First , District Pratapgarh.

----Petitioners 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

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Education, Pratapgarh.

6. The District Education Officer (Head Quarter) Secondary Education, Banswara

7. The District Education Officer (Head Quarter) Elementary Education, Banswara.

----Respondents

For Petitioner(s) : Mr. Ram Dev Potalia

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/05/2023

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.

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.

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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.