This order directs the Director, Secondary Education, Rajasthan, to examine the petitioner's claim for posting in his home district despite being posted elsewhere, requiring reasons within two months.
Directive to Respondent No. 2 to examine the petitioner's case and pass a speaking order on posting within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S.B. CIVIL WRIT PETITION NO. 11503/2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
ORDER
S.B. CIVIL WRIT PETITION NO. 11503/2015 WITH S.B. CIVIL MISC. STAY APPLICATION NO. 10031/2015
BANWARI LAL VS. THE STATE OF RAJASTHAN & ANOTHER.
DATE OF ORDER : 04.09.2015
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Mr. Gajender Sharma, for the petitioner.
BY THE COURT:
This writ petition has been filed by the petitioner contending that he was appointed as School Lecturer at Government Panna Lal Chitlangiya Sr. Secondary School, Sikar, District Sikar. Name of the petitioner stands as Serial No. 656 in seniority list of 1994-95 and his name also stands at Serial No. 238, Merit No. 656 in the list of order dated 03.07.2015. It is further contended that Respondent No. 2 vide its order dated 21.07.2015 promoted several school lecturers on the post of Principal and posted them in their home district. The petitioner is senior to those who have promoted vide aforesaid order. Respondent No. 2 vide order dated 27.07.2015 promoted the petitioner on the post of Principal and posted him in Hanumangarh district, i.e., more than 400 kms far from Sikar district. The petitioner has joined his duty there on
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S.B. CIVIL WRIT PETITION NO. 11503/2015
30.07.2015. It is contended that the petitioner deserves to be promoted by earlier order dated 21.07.2015 and, therefore, he deserves to be posted in Sikar district, which is his home district, but Respondent No. 2 committed a serious illegality while passing promotion and posting order and promoted juniors persons before the petitioner. The respondentdepartment has given promotion to school lecturers, who were appointed in the year of 2011-12 in the list of 21.07.2015, but the petitioner has not been considered for the same. Hence, this writ petition has been filed by the petitioner.
Having regard to the facts aforesaid, the petitioner is required to approach Respondent No. 2, Director, Secondary Education, Rajasthan, Bikaner by way of filing of representation along with copy of this order, who shall examine as to why the petitioner has been given posting in district Sikar, which is his home district, despite his being senior and meritorious and consider his case for posting him in Sikar or otherwise give reasons for not doing so by passing speaking order within a period of two months from the date of its filing.
With the aforesaid direction, writ petition is disposed of. Stay application also stands disposed of.
(MOHAMMAD RAFIQ),J.
Manoj, S.NO.93.
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” MANOJ NARWANI Personal Assistant.
1 issue framed by the court
Whether to dispose of the writ petition regarding the petitioner's delayed promotion and posting away from his home district.
Banwari Lal
The State of Rajasthan
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
