Rajasthan High Court - Jodhpur

Mahesh Kumar Sharma vs State Of Rajasthan ... on 26 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/017734]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7404/2023

1. Mahesh Kumar Sharma S/o Shri Girdhari Lal Sharma, Aged About 34 Years, R/o Bichapadi, Post Nimeda, Tehsil And District Jaipur, Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Divala, District Pratapgarh.

2. Hariom Sharanh Sharma S/o Shri Ganpat Lal Sharma, Aged About 34 Years, R/o Vpo Thali, Tehsil Jamwaramgarh, District Jaipur, Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Devaldi, District Pratapgarh

3. Sunil Kumar Sharma S/o Shri Om Prakash Sharma, Aged About 34 Years, R/o Bainada , Tehsil Bassi, District Jaipur, Rajasthan. At Present Working As Teacher Grade Iii Government Primary School, Kanadiya Phala, District Pratapgarh.

4. Suraj Kumar Pataliya S/o Shri Jagdish Prasad Sharma, Aged About 32 Years, R/o Village Post Radhakishanpura Tehsil Amer, District Jaipur ,rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Bhurighati, District Pratapgarh.

5. Akanksha Sharma S/o Shri Harphool Sharma W/o Suraj Kumar Pataliya, Aged About 34 Years, R/o Radhakishanpura, Tehsil Amer, District Jaipur,rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Handpumpfla( Rampuriya), District Pratapgarh.

6. Arun Lata Sharma D/o Shri Anand Bihari Sharma W/o Shashi Bhushan, Aged About 46 Years, R/o Thanagazi, District Alwar ,rajasthan. At Present Working As Teacher Grade Iii At Government Upper Primary School, Dindor Kheda, District Pratapgarh.

7. Rohit Sharma S/o Shri Manmohan Sharma, Aged About 33 Years, R/o Ward No. 8, Deeg Behind Power House, District Bharatpur, Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Bhogpura, District Pratapgarh.

8. Anil Kumar Sharma S/o Shri Manohar Lal Sharma, Aged About 32 Years, R/o Village Mukhena, Post Bhutoli,tehsil

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Weir, District Bharatpur , Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Badodiya, District Pratapgarh

9. Gopal Lal Sharma S/o Shri Amba Lal Sharma, Aged About 39 Years, R/o Danthal, Tehsil And District Bhilwara , Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Kanad Dalot, District Pratapgarh.

10. Pawan Kumar Kabra S/o Shri Jagdish Chandra Kabra, Aged About 35 Years, R/o Kachhola, Tehsil Mandalgarh, District Bhilwara , Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Taraghati, District Pratapgarh.

11. Dinesh Kumar Sharma S/o Shri Kamlesh Prasad Sharma, Aged About 35 Years, R/o Janau Khari, Tehsil Rajgarh, District Churu, Rajasthan At Present Working As Teacher Grade Iii At Government Primary School, Ukala, District Pratapgarh

12. Ghanshyam Sharma S/o Shri Kailash Chand Sharma, Aged About 33 Years, R/o Mandawar Road,shiv Colony, Tehsil Mahwa, District Dausa, Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Kankariya, District Pratapgarh.

13. Rakesh Kumar Sharma S/o Shri Babu Lal Sharma, Aged About 34 Years, R/o Rasoolpur, Tehsil Khetri, District Jhunjhunu ,rajasthan. At Present Working As Teacher Grade Iii Government Senior Secondary School Lupadi, District Pratapgarh.

14. Anshika Khandal D/o Shri Suresh Chand Sharma W/o Rakesh Kumar Sharma, Aged About 33 Years, R/o Rasoolpur, Tehsil Khetri, District Jhunjhunu, Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Kchanara , District Pratapgarh.

15. Amit Kumar Sharma S/o Shri Kunj Bihari Sharma, Aged About 38 Years, R/o Bargawan, Tehsil Hindaucity, District Karoli,rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Talabkhera, District Pratapgarh.

16. Rajkumar Sharma S/o Shri Hariya Sharma, Aged About 35 Years, R/o Bamanpura, Post Jagar Tehsil Hindaucity,

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District Karoli, Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Nai Abadi Athinera, District Pratapgarh.

17. Megha Bais D/o Shri Kamlesh Kumar Bais W/o Shri Shankar Singh Chouhan, Aged About 32 Years, R/o 461, Main Market, Bus Stand Sahar, Tehsil Nadoti, District Karoli, Rajasthan. At Present Working As Teacher Grade Iii At Government Upper Primary School, Basad, District Pratapgarh.

18. Mangeelal Bairwa S/o Shri Dhansiram Bairwa, Aged About 46 Years, R/o Bhompura (Sitapura), Post Piplai, Tehsil Bamanwas, District Sawaimadhopur, Rajasthan. At Present Working As Teacher Grade Iii At Government Senior Secondary School, Bedma , District Pratapgarh.

19. Girraj Prasad Rajput S/o Shri Kallu Singh, Aged About 34 Years, R/o Vpo Panwedra, Tehsil Chauth Ka Barwara, District Sawimadhopur , Rajasthan. At Present Working As Teacher Grade Iii At Government Primary School, Badapada , District Pratapgarh.

20. Girdhari Lal Raigar S/o Shri Hanuman Shai Raigar, Aged About 51 Years, R/o Ajitgarh, Tehsil Shrimadhopur , District Sikar , Rajasthan At Present Working As Teacher Grade Iii At Government Senior Secondary School,mandavjher, District Pratapgarh.

21. Sunil Kumar Sharma S/o Shri Anand Bihari Sharma, Aged About 44 Years, R/o Raipura Jagir , Tehsil Shrimadhopur , District Sikar Rajasthan. At Present Working As Teacher Grade Iii At Government Upper Primary School, Bagdawad, Block Suhagpura, District Pratapgarh.

22. Sonali Agrawal D/o Shri Madan Lal Jain, Aged About 34 Years, R/o Dhakad Colony, Tehsil Todaraisingh, District Tonk ,rajasthan. At Present Working As Teacher Grade Iii At Government Senior Secondary School, Mota Mayanga, District Pratapgarh.

----Petitioners Versus

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

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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, Pratapgarh.

----Respondents

For Petitioner(s) : Mr. Ramdev 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.