Devendra Prasad Aameta vs State Of Rajasthan And Ors. ...
2023 Latest Caselaw 7972 Raj

[2023:RJ-JD:33086]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14200/2017

Devendra Prasad Ameta S/o Madan Lal, R/o 113-Bramhpuri, Village Titardi, Tehsil Girwa, District Udaipur, Rajasthan.

----Petitioner Versus

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

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Elementary Education, Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. D.S.Sodha For Respondent(s) : Mr. Pankaj Sharma, AAG assisted with Mr. Deepak Chandak

JUSTICE DINESH MEHTA

Order

05/10/2023

1. Learned counsel for the petitioner submits that the issue

raised in the present writ petition is squarely covered by judgment

of this Court in the case of Vipin Kumar Upadhyaya Vs. State of

Rajasthan & Ors.: S.B.C.W.P. No. 14134/2017, decided on

26.04.2018.

2. Mr. Sharma, learned Additional Advocate General is not in a

position to dispute the submissions made in this regard.

3. In the case of Vipin Kumar Upadhyaya (supra), a co-ordinate

Bench of this Court, inter alia, held as under:-

"36. In light of the aforesaid observations, the present writ petitions are allowed and the

[2023:RJ-JD:33086] (2 of 2) [CW-14200/2017]

termination order passed against the petitioners by the respondents are quashed and set aside, while directing the respondents to treat them in continuous service which they available on record already in."

4. In view of the above fact situation, the writ petition filed by

the petitioner is allowed. The termination order dated 27.10.2017

passed by the respondents is quashed and set aside. The

petitioner would be treated continuous in service.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 238-akansha/-

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