Neetu Mangnani vs The State Of Rajasthan ...
2024 Latest Caselaw 7810 Raj

Citation : 2024 Latest Caselaw 7810 Raj
Judgement Date : 6 September, 2024

Rajasthan High Court - Jodhpur

Neetu Mangnani vs The State Of Rajasthan ... on 6 September, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:36992]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 13798/2024

Neetu Mangnani D/o Atma Ram Mangnani, Aged About 38 Years,
2/143 Housing Board Colony Sikar, Rajasthan.
                                                                         ----Petitioner
                                       Versus
1.       The State Of Rajasthan, Through Its Principal Secretary
         School Education Department, Secretariat, Rajasthan,
         Jaipur.
2.       The State Of Rajasthan, Through Its Secretary-Cum
         Commissioner, Rural Development And Panchayati Raj
         Department, Rajasthan, Jaipur.
3.       The       Director,       Elementary          Education         Department,
         Rajasthan, Bikaner.
4.       The Chief Executive Officer, Zila Parishad Barmer.
5.       The     District      Education         Officer       (H.Q),     Elementary
         Education Barmer.
6.       The Chief Executive Officer, Zila Parishad Churu.
7.       The     District      Education         Officer       (H.Q),     Elementary
         Education, Churu.
8.       The    Block       Development            Officer,         Panchayat   Samiti
         Sujangarh District Churu.
9.       The Principal Cum Peeo, Govt. Senior Secondary School
         Mundho Ki Dhani District Barmer.
                                                                      ----Respondents


For Petitioner(s)              :   Mr. Vikram Singh Bhawla for
                                   Mr. Sandeep Kalwaniya
For Respondent(s)              :   Mr. B.L. Bhati, AAG with
                                   Mr. Deepak Chandak, AAAG


                HON'BLE MR. JUSTICE FARJAND ALI

Order

06/09/2024

1. Heard learned counsel for the parties and gone through the

material available on record.

[2024:RJ-JD:36992] (2 of 3) [CW-13798/2024]

2. The controversy involved in the writ petition is squarely

covered by a judgment passed by co-ordinate Bench of this

Court in the case of S.B. Civil Writ Petition No. 12846/2017

(Dhanraj Meena vs. The State of Rajasthan & Ors.) decided

on 15.1.2018. In the aforesaid matter, following directions

were issued to the respondents:-

"In view of the specific provision i.e. second proviso to Rule 24 of RSR as well as the judgment of this Court in the case of Praveen Kumar Yadav (supra) and Chandra Kala Saini (supra), the stand taken by the respondents in orders dated 2.9.2015 (Annex.R/1) and 4.12.2017 (Annex.R/2), is without any basis.

In view thereof, the writ petitions filed by the petitioners are allowed, as the petitioners have already been relieved pursuant to the interim orders passed by this Court, the said interim orders passed by this Court directing to relieve the petitioners are made absolute.

It is further directed that the respondents while dealing with the cases of the petitioners pertaining to their pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law.

In cases where the petitioners have been relieved provisionally under the directions of this Court, the Authorities would pass appropriate orders pertaining to relieving of the petitioners alongwith their last pay certificate (L.P.C.), where they were serving earlier."

3. In view of the aforesaid facts and circumstances of the case,

the instant writ petition is allowed with a direction that the

petitioner shall be relieved from her present place of posting

[2024:RJ-JD:36992] (3 of 3) [CW-13798/2024]

i.e. Government Primary School, Nagnesiya Mandir Mundho

Ki Dhani, District Barmer for joining in Government Upper

Primary School, Tharda Bobasar, Bidavtan Block Sujangarh,

District Churu in pursuance of the appointment order dated

25.07.2024 (Annexure-4). Relieving order in favour of the

petitioner shall be issued within a period of seven days from

today.

4. Petitioner will be permitted to join duties at Government