Rajasthan High Court - Jodhpur
Ramesh Chandra Meena vs The State Of Rajasthan ... on 17 November, 2023
Bench: Pushpendra Singh Bhati, Rekha Borana
[2023:RJ-JD:39384-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 280/2023
Ramesh Chandra Meena S/o Megha Ram Meena, Aged About 35
Years, Village And Post Jhadoli, Tehsil Dhariyavad, District
Pratapgarh.
----Appellant
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of School Education, Government Of
Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan,
Government Of Rajasthan, Bikaner.
3. Chief District Education Officer, Secondary Education,
Pratapgarh.
----Respondents
For Appellant(s) : Mr. Avin Chhangani
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MS. JUSTICE REKHA BORANA
Order
17/11/2023
1. The present special appeal (writ) has been preferred with the
following prayers :-
"It is, therefore, most humbly and respectfully prayed
that this special appeal may kindly be accepted /
allowed, the impugned order dated 10.01.2023, passed
by the Hon'ble Single Judge in S.B. Civil Writ Petition
No.13192/2022-Ramesh Chandra Meena Vs.State of
Rajasthan may kindly be quashed and set aside and the
appeal filed by the appellant may kindly be allowed
throughout with cost. Any other appropriate relief(s)
which this Hon'ble Court may deem just and proper in
[2023:RJ-JD:39384-DB] (2 of 3) [SAW-280/2023]
the facts and circumstances of the case may kindly be
passed in favour of the appellant."
2. Learned counsel for the appellant submits that the impugned
judgment suffers from a manifest error as the same overlooks the
fact that wife of the appellant was selected as Teacher Grade-III
and joined her duties vide joining letter dated 13.02.2019 at
Government Upper Primary School School Bhatwada, Tehsil
Dhariyavad, District Pratapgarh and appellant was also posted at
Government Upper Primary School School Chittoriya, Dhariyavad
Pratapgarh on the post of Lecturer (Sanskrit).
2.1 Learned counsel has also addressed on the issue of transfer
policy of the State Government.
2.2 Learned counsel has also refuted the applicability of the
judgment of Jagdish Chandra Sen Vs. State of Rajasthan & ors. :
S.B. Civil Writ Petition No.8224/2017, decided on 15.01.2018.
3. This Court finds that learned Single Judge has made the
following observation :-
"11. Having regard to the facts and circumstances of the
case and considering that there is divergence of the
views on the issue as to whether for want of stipulation
regarding TA & DA, the order becomes bad in the eye of
law, ideally the matter needs to be referred to a larger
Bench. However, considering that the interim orders
have been passed in petitioners' favour, on the ground
that the TA & DA has not been paid to them and same
are continuing till today and that we are in midst of
session, this Court fees that vacating interim orders, at
this juncture, would not only affect petitioners' rights but
would also affect the interest of the students of the
schools in which they are teaching, as the session is
almost over and final examinations are in offing.
12. All these writ petitions are, therefore, disposed of
while making the interim orders absolute and giving the
respondents a liberty to pass fresh order of transfer(s) in
accordance with law.
[2023:RJ-JD:39384-DB] (3 of 3) [SAW-280/2023]
13. In case the State considers it necessary fresh order
of transfer(s) can be passed qua the petitioners but not
upto 15.04.2023.
14. The petitioners shall obviously have a liberty to
challenge fresh order(s) (if any passed by the
respondents), in accordance with law.
15. Needless to observe that if any of the above
petitioners was not paid TA & DA, the State shall pay the
same in accordance with law latest by 31.01.2023.
16. Stay petitions also stand disposed of accordingly."
4. This Court on careful perusal of the impugned order finds
that the sufficient relief has been granted by the learned Single
Judge of this court and already a liberty has been granted to seek
the same and a direction has also been given to the State to
render such benefits to the appellant strictly in accordance with
law and also a fixed date has been granted.
5. In light of the relief granted, no further interference is called
for in the present appeal and the same is accordingly dismissed.
All pending applications, if any, stand disposed of.
(REKHA BORANA),J (DR.PUSHPENDRA SINGH BHATI), J
16-/sudheer//-
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