Petitioner challenged non-posting ignoring her merit as Teacher Grade-I. Court directed respondent to take a policy decision after receiving detailed representation and disposal the writ petition.
Petitioner directed to submit detailed representation; respondents to take policy decision on postings within 15 days.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAI PUR BENCH JAIPUR
ORDER
S.B.CI VIL WRIT PETITION NO.5373/ 2012 Savita Kumari Versus The State of Rajasthan and others
DATE OF ORDER --- APRIL 17, 2012
PRESENT
HON’BLE MR.JUSTICE PREM SHANKER ASOPA
Mr.Gajendra Sharma, for the petitioner
BY THE COURT
(1) By this writ petition, the petitioner has raised the grievance regarding the posting ignoring her merit position as Teacher GradeI.
(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:
“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
this this Court to see its fairness.
With the aforesaid, the writ petition is disposed
of.”
(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.
(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.
(5) With the above observations, the writ petition is disposed of.
(Prem Shanker Asopa) J.
All corrections made in the judgment/ order have been incorporated in the judgment/ order being e-mailed.
गोpa ल PS
1 issue framed by the court
Whether a policy decision is required for posting of Teacher Grade-I if one has not been taken so far.
Colour shows how this judgement treated each authority
Anita Kumari Meena V. State of Rajasthan and othersReferred¶10
S.B. Civil Writ Petition No.3224/ 2012 Anita Kumari Meena V. State of Rajasthan and others
Savita Kumari
The State of Rajasthan
Prem Shanker Asopa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
