Dismissed

Kasim v. State of Rajasthan and Ors.

Rajasthan HC25 Feb 2015CW/21400/2013

Case brief

AI extract

What is this about?

This common order dismissed multiple writ petitions filed by employees apprehending transfer from Sarv Shiksha Abhiyan Project to Rajasthan Madarsa Board and claiming non-payment of honorarium. The court dismissed them as premature because no final transfer decision had been made and the State indicated no transfer was contemplated.

What did the court decide?

Writ applications dismissed as premature; petitioners liberty to approach court if subsequent cause of action arises.

Kasim Vs State of Rajasthan and Ors. — Pension and Retirement Benefits | Rajasthan HC (2015)

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

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S.B. Civil Writ Petition No.21461/2013 Altaaf Hussain Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21400/2013 Kashim Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21456/2013 Hasim Khan Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21457/2013 Mohd. Iqbal Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21458/2013 Hasmat Ali Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21459/2013 Sher Mohammad Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21460/2013 Mohd.Sidduque Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21462/2013 Mohd. Ramzan Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21503/2013 Mohd. Shakeel Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.21602/2013 Tayyab Husain Vs. State of Raj.& Ors.

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S.B. Civil Writ Petition No.53/2014 Hakmuddin Vs. State of Raj.& Ors.

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Date of Order :: 25/2/2015

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HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA

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Mr.Iliyas Khan for Mr.Tanveer Ahmed, for the petitioner. Mr.Ranjan Prajapati for Mr.D.V.Tholia, AAG, for the State-respondents.

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With the consent of the learned counsel for the parties, the matter has been taken up for final disposal, at this state.

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In all the writ applications, common question of facts and law is involved, and therefore, the matters are being disposed off by this common order.

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The writ proceedings were instituted by the

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petitioners apprehending their transfer from Sarv Shiksha Abhiyan Project to Rajasthan Madarsa Board, in view of order dated 22^nd October, 2013.

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Learned counsel for the petitioner also raised the issue of non-payment of honorarium to the petitioners and similarly situated persons for a long time.

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In view of the order passed by this Court on 2^nd February, 2015, the State-respondents, while filing an additional affidavit, placed on record document annexure-AA/3, detailing out the names of the 43 employees, including the petitioners and the payment released.

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Learned counsel for the State-respondents further submits that the writ petitions are premature for the reason that no final decision for the transfer of the petitioners was arrived at. It is further submitted that in near future, no transfer of the petitioners and other similarly situated employees, is contemplated from Sarv Shiksha Abhiyan Project to Rajasthan Madarsa Board.

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In view of the admitted factual matrix nothing substantial survives for adjudication in the writ applications.

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Consequently, the writ applications are dismissed, as pre-mature, in view of the stand of the State-respondents.

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However, it is made clear that the petitioners would be at liberty to avail of

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legal remedy, in accordance with law, with reference to any subsequent cause of action that may arise and necessiate availing of legal remedy.

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With the observations as indicated above, the writ proceedings stand closed.

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(VEERENDR SINGH SIRADHANA), J.

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A.Sharma/33-43

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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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(Anil Sharma) Jr.P.A.

Kasim v. State of Rajasthan and Ors.

Case brief

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Kasim v. State of Rajasthan and Ors.

Case brief

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