Disposed

Sushila Kumari v. State Education Departmentors

Rajasthan HC2 Apr 2012CW/4333/2012

Case brief

AI extract

What is this about?

Petitioner complained of ignored posting as Teacher Grade-I. Court directed respondents to frame a policy within 15 days after receiving a representation, balancing immediate posting with fair policy action.

What did the court decide?

Directing petitioner to make representation within 7 days, directing respondents to take policy decision within 15 days, permitting petitioner to join current post.

Sushila Kumari Vs State Education… — Pension and Retirement Benefits | Rajasthan HC (2012)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAI PUR BENCH JAIPUR

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ORDER

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S.B.CI VIL WRIT PETITION NO.4333/ 2012 Sushila Kumari Versus The State of Rajasthan and others

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DATE OF ORDER --- APRIL 02, 2012

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PRESENT

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HON’BLE MR.JUSTICE PREM SHANKER ASOPA

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Mr.Gajendra Sharma, for the petitioner

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BY THE COURT

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(1) By this writ petition, the petitioner has raised the grievance regarding the posting ignoring her merit position as Teacher Grade-I.

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(2) Counsel for the petitioner submits that identical writ petition – S.B. Civil Writ Petition No.3224/ 2012 Anita Kumari Meena V. State of Rajasthan and others which was relating to Teacher Grade-I I, has been disposed of by this Court on 6.3.2012 and thereafter also, in similar cases, orders have been passed by this Court for posting of the Teacher Grade-I but no such posting has been given to the petitioner. The relevant portion of the order dated 6.3.2012 is as under:

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“Since it is a matter of posting, a policy decision on the aforesaid has to be taken by the respondents only. Looking to the aforesaid, the petitioner is directed to make a detailed representation to the respondents within a period of seven days from the date of receipt of certified copy of this order. The respondents are then expected to look into the matter and see that postings of all the candidates are given without vice of arbitrariness and a policy decision be taken to avoid such an event. They are expected to take decision at the earliest. The petitioner may, however, join the ost at the place where she is posted. It will, however, not effect her representation, rather respondents are expected to consider the representation and take a policy decision so that no discrimination remains in their action. The exercise aforesaid may be undertaken within a period of fifteen days from the date of receipt of the representation and a policy decision taken thereupon be informed to the petitioner with a copy to

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this this Court to see its fairness.

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With the aforesaid, the writ petition is disposed

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of.”

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(3) I am of the view, that similar type of policy decision is required to be taken in the matter of posting of the Teacher Grade-I. In case such a policy decision has not been taken so far, the respondents may now do so.

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(4) In view of the above, the petitioner is directed to make a detailed representation to the respondents within a period of seven days from the date of receipt of certified copy of this order. The petitioner may join the post at the place where she is posted. It will however not effect her representation, rather the respondents are expected to consider the representation and take a policy decision. The aforesaid exercise shall be undertaken within a period of fifteen days from the date of receipt of representation and a policy decision taken thereupon be informed to the petitioner with a copy to this Court to see its fairness.

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(5) With the above observations, the writ petition is disposed of.

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(Prem Shanker Asopa) J.

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गोpa ल

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All corrections made in the judgment/ order have been incorporated in the judgment/ order being e-mailed.

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Gopal Lal Sharma Private Secretary

Sushila Kumari v. State Education Departmentors

Case brief

What is this about?

What did the court decide?

Sushila Kumari v. State Education Departmentors

Case brief

What is this about?

What did the court decide?

What the court decided

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