Bhikha Ram Meghwal vs State Of Rajasthan ...
2023 Latest Caselaw 8612 Raj

[2023:RJ-JD:35418]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12185/2023 Bhikha Ram Meghwal S/o Shri Dalla Ram Meghwal, Aged About 36 Years, Jemlee, Tehsil Gogunda, District Udaipur.

----Petitioner Versus

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

2. Director, Elementary Education, Bikaner.

3. District Education Officer, Elementary Education, Udaipur.

4. The Chief Executive Officer, Zila Prishad, Udaipur.

----Respondents

For Petitioner(s) : Mr. Hapu Ram Vishnoi. For Respondent(s) : Ms. Bhawana Jangid.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

17/10/2023

1. It is submitted by learned counsel for the petitioner that the

issue raised in the present writ petition is squarely covered by

order in Pravin Kumar Kharadi & Ors. v. State of Rajasthan & Ors.:

SBCWP No.7796/2021, decided on 06.09.2023 and, therefore, the

present writ petition be also decided in light of and with similar

directions, as given in the case of Pravin Kumar Kharadi (supra).

2. Learned counsel for the respondents does not dispute the

submissions made by learned counsel for the petitioner regarding

the case of the petitioner being similar to that of Pravin Kumar

Kharadi (supra).

3. In the case of Pravin Kumar Kharadi (supra), a Coordinate

Bench of this Court, inter-alia, came to the conclusion and

directed as under :-

10. So far as petitioners' contention on merit is concerned that they should be given appointment in TSP area is concerned, the same cannot be accepted.

[2023:RJ-JD:35418] (2 of 2) [CW-12185/2023]

11. The reason is not far to seek at the time when petitioners were offered appointment in Non-TSP area, cut

- off of their category in TSP area was higher and hence, the petitioners were accommodated in Non-TSP area.

12. Petitioners having joined pursuant to such appointment orders cannot take a U-turn and claim that they may be given appointments in TSP area.

13. Be that as it may.

14. The petitioners' rights of being posted in TSP area are in any case protected by Rule 31 of the Rajasthan Scheduled Areas Subordinate, Ministerial And Class-IV Service (Recruitment And Other Service Conditions) Rules, 2014 (hereinafter referred to as 'Rules of 2014').

15. A Jaipur Bench of this Court while deciding writ petition in the case of Nilesh Kumar Jain & Ors. Vs. State of Rajasthan & Anr. : S. B. Civil Writ Petition No.12691/2017 decided on 20.12.2019 had issued following directions:-

"11. Keeping in view the mandate of Rule 31 of the Rules of 2014, it is now directed that the State Government shall post the petitioners who are from TSP area only in accordance of Rule 31 in the TSP area and the petitioners will continue to have their status of being of TSP category.

12. These writ petitions accordingly stand allowed. The exercise for posting the petitioners in TSP area shall be conducted within a period of 3 months." .....

16. The said view of the learned Single Judge has been affirmed by the Division Bench vide its order dated 20.11.2021 in the appeal that was filed against judgment in the case of Nilesh Kumar Jain.

17. In view of the mandate of Rule 31 of the Rules of 2014, it is hereby directed that the respondents shall try to accommodate/transfer the present petitioners to TSP area.

18. It will be required of the petitioners to furnish their optional form if not already furnished or to file a representation indicating district of the TSP area in which they wish to be transferred.

19. The option/representation aforesaid be filed within a period of four weeks from today.

20. On receipt of the representation, it will be required of the respondents to transfer/accommodate the petitioners in TSP area within a period of six months of receiving the representation, obviously after verifying the petitioners' contention in relation to they being residents of TSP area.

21. The petition stands disposed of.

22. All interlocutory application(s) including the stay application stand disposed of accordingly."

3. In that view of the matter, the petition filed by the petitioner

is disposed of in light of and with similar directions as given in the

case of Pravin Kumar Kharadi (supra).

(ARUN BHANSALI),J 48-Rmathur/-

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