Disposed

Om Prakash Yadav v. Director Secondary Education

Rajasthan HC1 Sept 2015CW/10844/2015

Case brief

AI extract

What is this about?

The High Court ordered that if the petitioner withdraws a pending tribunal appeal and submits a representation detailing his transfer grievance and family circumstances, the higher authority must decide within 15 days. Consequently, the writ petition and stay application were disposed of.

What did the court decide?

Order to Secretary to Govt. Education Dept. to dispose of grievance on representation within 15 days if appeal withdrawn; Writ Petition disposed of.

Om Prakash Yadav Vs Director Secondary Education — Service and Employment | Rajasthan HC (2015)

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Cw10844/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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ORDER IN S.B. Civil Writ Petition No.10844/2015 With Stay Application No.9496/2015

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Om Prakash Yadav Vs. The Director, Secondary Education, Government of Rajasthan, Bikaner

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Date of Order ::: 01.09.2015

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Present Hon'ble Mr. Justice Mohammad Rafiq

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Smt. Sangeeta Sharma, counsel for petitioner ####

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By the Court:-

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It is contended that petitioner was working on the post of Senior Teacher at Government Secondary School, Behrod, District Alwar, since 1988. Prior thereto he remained posted in different Districts and at different places. Vide order dated 15.07.2015, the petitioner has been promoted to the post of Principal and posted at Government Senior Secondary School, Balda, Shahabad, District Baran (Annexure-1). Petitioner is due to retire within a period of five months on 31.12.2015. It is contended that there are three posts of Principal lying vacant in the schools of Alwar district, namely, Rao Secondary School, Dumroli, Alwar, Partapur Higher Secondary School, Alwar and Government Higher Secondary School, Manal, Alwar, where he can be posted till he retires. Petitioner has been transferred to a place which is about 800 kilometers away from the present place of posting and there is policy of the Government itself that an employee, who is due to retire within a period of one year, ought not

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Cw10844/2015

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to be transferred to any other place. It is contended that only son of petitioner, who was serving in Army, has died on 04.11.2014 and, as such, whole responsibility of the family has fallen on the petitioner. There was no administrative exigency requiring transfer of petitioner. The petitioner also approached the Rajasthan Civil Services Appellate Tribunal by filing appeal, but the appeal has not been decided so far. The petitioner would withdraw the appeal.

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Having regard to the facts of the case, if the petitioner withdraws the appeal filed by him before the Rajasthan Civil Services Appellate Tribunal and files a representation, along-with a copy of this order, before the Secretary to the Government, Education Department, Government of Rajasthan, Secretariat, Jaipur, the same shall be considered and decided by the said authority by appropriate speaking order within a period of fifteen days from the date of its making, addressing his grievance or otherwise give reasons.

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Writ petition accordingly stands disposed of. This also disposes of stay application.

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(Mohammad Rafiq) J.

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//Jaiman//115

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

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Giriraj Prasad Jaiman PS-cum-JW

Om Prakash Yadav v. Director Secondary Education

Case brief

What is this about?

What did the court decide?

Om Prakash Yadav v. Director Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

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