Common order dismissing multiple writ petitions challenging apprehended transfer of school employees and non-payment of honorarium. Dismissed as premature due to State admission that no transfer is contemplated.
Writ applications dismissed as premature. Petitioners retain liberty to approach the court if any subsequent cause of action arises.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.21461/2013 Altaaf Hussain Vs. State of Raj.& Ors.
Date of Order :: 25/2/2015
HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA
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.
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.
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 22nd October, 2013.
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.
In view of the order passed by this Court on 2nd 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.
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.
In view of the admitted factual matrix nothing substantial survives for adjudication in the writ applications.
Consequently, the writ applications are dismissed, as pre-mature, in view of the stand of the State-respondents.
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.
With the observations as indicated above, the writ proceedings stand closed.
(VEERENDR SINGH SIRADHANA), J.
A.Sharma/33-43
All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed:
(Anil Sharma) Jr.P.A.
1 issue framed by the court
Whether the writ petitions challenging apprehended transfer of employees from Sarv Shiksha Abhiyan to Rajasthan Madarsa Board are maintainable.
Altaaf Hussain
Kashim
Hasim Khan
Mohd. Iqbal
Hasmat Ali
Sher Mohammad
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
