Dismissed

Sher Mohammad v. State Education Departmentors

Rajasthan HC25 Feb 2015CW/21459/2013

Case brief

AI extract

What is this about?

This single bench disposed of multiple writ petitions concerning apprehended transfer of education personnel and non-payment of honorarium. The Court dismissed the petitions as premature based on the Court's prior order and the State's admission that no transfer was contemplated.

What did the court decide?

The writ applications are dismissed as premature in view of the stand of State-respondents that no transfer is contemplated.

Sher Mohammad Vs State Education Departmentors — Education and Admissions | 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.

Sher Mohammad v. State Education Departmentors

Case brief

What is this about?

What did the court decide?

Sher Mohammad v. State Education Departmentors

Case brief

What is this about?

What did the court decide?

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