Disposed

Hemant Kumar BAIRWAandORS v. State Elementary Educationors

Rajasthan HC2 Sept 2016CW/11769/2016

Case brief

AI extract

What is this about?

The court disposed of a bunch of writ petitions challenging teacher transfer and posting orders. It directed that petitioners be given liberty to make representations for appropriate posting, counselling to be conducted, and mutual transfers between same-level employees to be considered without disturbing satisfied teachers.

What did the court decide?

Liberty granted to petitioners to make representations for appropriate posting; counselling to be conducted; transfers and posting issues to be decided based on representations and requirements.

Hemant Kumar BAIRWAandORS Vs State Elementary… — Service and Employment | Rajasthan HC (2016)

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

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(1) S.B. Civil Writ Petition No.11846/2016 Ram Swaroop Beniwal Vs. State of Rajasthan & Ors.

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(2) S.B. Civil Writ Petition No.11850/2016 Prem Lata Madhukar Vs. State of Rajasthan & Ors.

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(3) S.B. Civil Writ Petition No.11852/2016 Shakuntala Sen Vs. State of Rajasthan & Ors.

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(4) S.B. Civil Writ Petition No.11924/2016 Maya Sharma Vs. State of Rajasthan & Ors.

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(5) S.B. Civil Writ Petition No.11925/2016 Ravi Kumar Vs. State of Rajasthan & Ors.

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(6) S.B. Civil Writ Petition No.11926/2016 Rekha Kumari Gauttam Vs. State of Rajasthan & Ors.

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(7) S.B. Civil Writ Petition No.11927/2016 Surendra Kumar Jain Vs. State of Rajasthan & Ors.

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(8) S.B. Civil Writ Petition No.11928/2016 Richpal Vs. State of Rajasthan & Ors.

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(9) S.B. Civil Writ Petition No.11929/2016 Nasrullah Khan & Ors. Vs. State of Rajasthan & Ors.

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(10) S.B. Civil Writ Petition No.11931/2016 Sunita Kaushik Vs. State of Rajasthan & Ors.

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(11) S.B. Civil Writ Petition No.11933/2016 Hariram Yadav Vs. State of Rajasthan & Ors.

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(12) S.B. Civil Writ Petition No.11934/2016 Mahavir Prasad Meena Vs. State of Rajasthan & Ors.

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(13) S.B. Civil Writ Petition No.11823/2016 Anil Kumar Vs. State of Rajasthan & Ors.

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(14) S.B. Civil Writ Petition No.12129/2016 Praveen Kasliwal & Ors. Vs. State of Rajasthan & Ors.

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(15) S.B. Civil Writ Petition No.12140/2016 Ashok Kumar Bohra Vs. State of Rajasthan & Ors.

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(16) S.B. Civil Writ Petition No.10857/2016 Murari Lal Dagur Vs. State of Rajasthan & Ors.

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(17) S.B. Civil Writ Petition No.11453/2016 Ghanshyam Saini Vs. Director, Secondary Education & Ors.

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(18) S.B. Civil Writ Petition No.11534/2016 Shahabuddin Vs. State of Rajasthan & Ors.

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(19) S.B. Civil Writ Petition No.11566/2016

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Smt. Chanchal Upadhay Vs. State of Rajasthan & Ors.

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(20) S.B. Civil Writ Petition No.11570/2016 Vidya Sagar Sharma Vs. State of Rajasthan & Ors.

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(21) S.B. Civil Writ Petition No.11572/2016 Nemi Chand Vs . State of Rajasthan & Ors.

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(22) S.B. Civil Writ Petition No.11685/2016 Chittar Mal Saini Vs. State of Rajasthan & Ors.

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(23) S.B. Civil Writ Petition No.11706/2016 Mrs. Bunti Vs. State of Rajasthan & Ors.

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(24) S.B. Civil Writ Petition No.11708/2016 Subah Singh Yadav Vs. State of Rajasthan & Ors.

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(25) S.B. Civil Writ Petition No.11761/2016 Raj Pramod Bairwa Vs. State of Rajasthan & Ors.

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(26) S.B. Civil Writ Petition No.11762/2016 Chandra Prakash Meena Vs. State of Rajasthan & Ors.

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(27) S.B. Civil Writ Petition No.11763/2016 Om Prakash Sharma Vs. State of Rajasthan & Ors.

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(28) S.B. Civil Writ Petition No.11764/2016 Chetan Prakash Phulwariya Vs. State of Rajasthan & Ors.

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(29) S.B. Civil Writ Petition No.11765/2016 Yogendra Prasad Khandal Vs. State of Rajasthan & Ors.

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(30) S.B. Civil Writ Petition No.11768/2016 Prem Lata Verma Vs. State of Rajasthan & Ors.

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(31) S.B. Civil Writ Petition No.11769/2016 Hemant Kumar Bairwa & Ors. Vs. State of Rajasthan & Ors.

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(32) S.B. Civil Writ Petition No.11770/2016 Subhash Chandra Yadav Vs. State of Rajasthan & Ors.

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(33) S.B. Civil Writ Petition No.12155/2016 Meghraj Meena & Anr. Vs. State of Rajasthan & Ors.

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(34) S.B. Civil Writ Petition No.11771/16 Vidhadhar Sharma Vs. State of Rajasthan & Ors.

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(35) S.B. Civil Writ Petition No.11772/16 Smt Sanju Meena Vs. State of Rajasthan & Anr.

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(36) S.B. Civil Writ Petition No.11773/16 Pawan Kumar Vs. State of Rajasthan & Ors.

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(37) S.B. Civil Writ Petition No.11774/16 Mohan Lal Meena Vs. State of Rajasthan & Ors.

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(38) S.B. Civil Writ Petition No.11775/16 Rajesh Kuamr Sharma Vs. State of Rajasthan & Ors.

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(39) S.B. Civil Writ Petition No.11776/16 Shambhu Dayal Meena Vs. State of Rajasthan & Ors.

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(40) S.B. Civil Writ Petition No.11778/16 Shesh Narayan Jangid Vs. State of Rajasthan & Ors.

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(41) S.B. Civil Writ Petition No.11779/16 Umed Singh Rajput Vs. State of Rajasthan & Ors.

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(42) S.B. Civil Writ Petition No.11780/16 Amarjeet Kaur Sahani Vs. State of Rajasthan & Ors.

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(43) S.B. Civil Writ Petition No.11781/16 Premlata Verma Vs. State of Rajasthan & Ors.

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(44) S.B. Civil Writ Petition No.11786/16 Kanhaiya Lal Meena Vs. State of Rajasthan & Ors.

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(45) S.B. Civil Writ Petition No.11822/16 Rajesh Kumar Vs. State of Rajasthan & Ors.

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(46) S.B. Civil Writ Petition No.12008/16 Mohan Lal Yadav Vs. State of Rajasthan & Ors.

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(47) S.B. Civil Writ Petition No.12009/16 Shyam Lal Meena Vs. State of Rajasthan & Ors.

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(48) S.B. Civil Writ Petition No.12010/16 Sahab Singh Rajpoot Vs. State of Rajasthan & Ors.

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(49) S.B. Civil Writ Petition No.12011/16 Sumer Singh Verma Vs. State of Rajasthan & Ors.

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(50) S.B. Civil Writ Petition No.12012/16 Rambabu Sharma Vs. State of Rajasthan & Ors.

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(51) S.B. Civil Writ Petition No.12014/16 Nemi Chand Meena & Ors. Vs. State of Rajasthan & Ors.

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(52) S.B. Civil Writ Petition No.12015/16 Om Prakash Meena Vs. State of Rajasthan & Ors.

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(53) S.B. Civil Writ Petition No.12016/16 Umesh Chand Meena Vs. State of Rajasthan & Ors.

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(54) S.B. Civil Writ Petition No.12018/16 Kapil Yadav Vs. State of Rajasthan & Ors.

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(55) S.B. Civil Writ Petition No.12019/16 Pyare Lal Prajapati & Ors. Vs. State of Rajasthan & Ors.

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(56) S.B. Civil Writ Petition No.12020/16 Munshi Lal Saini Vs. State of Rajasthan & Ors.

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(57) S.B. Civil Writ Petition No.12021/16 Ram Charan Meena & Anr. Vs. State of Rajasthan & Ors.

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(58) S.B. Civil Writ Petition No.12023/16

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Narottam Kumar Vs. State of Rajasthan & Ors.

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(59) S.B. Civil Writ Petition No.12024/16 Brijendra Kumar Vs. State of Rajasthan & Ors.

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(60) S.B. Civil Writ Petition No.12025/16 Indraj Gadhwal Vs. State of Rajasthan & Ors.

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(61) S.B. Civil Writ Petition No.12095/16 Suresh Chand Meena Vs. State of Rajasthan & Ors.

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(62) S.B. Civil Writ Petition No.12096/16 Munna Ram Kamedia Vs. State of Rajasthan & Ors.

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(63) S.B. Civil Writ Petition No.12098/16 Dhanna Lal Meghwal & Anr. Vs. State of Rajasthan & Ors.

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(64) S.B. Civil Writ Petition No.12137/16 Sanju Sankhla & Anr. Vs. State of Rajasthan & Ors.

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(65) S.B. Civil Writ Petition No.12138/16 Ramesh Chandra Meena & Ors. Vs. State of Rajasthan & Ors.

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(66) S.B. Civil Writ Petition No.12139/16 Ghanyshyam Meena & Anr. Vs. State of Rajasthan & Ors.

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(67) S.B. Civil Writ Petition No.11573/16 Radheyshyam Sharma Vs. State of Rajasthan & Ors.

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(68) S.B. Civil Writ Petition No.12101/16 Brijesh Kumar Jat Vs. State of Rajasthan & Ors.

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(69) S.B. Civil Writ Petition No.12156/16 Ankesh Jain Vs. State of Rajasthan & Ors.

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DATE OF ORDER : 02/09/2016

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mr. Tanveer Ahamad, Mr. Laxmi Kant, Mr. R.K. Gouttam, Mr. Girraj Rajoria, Mr. Naveen Dhuwan, Mr. Ashok Bansal, Mr. Nitin Bhandari, Mr. Sunil Kumar Singodiya, Mr. Ganesh Chaturvedi, Mr. Vijay Pathak, Mr. Indresh Sharma, Mr. Suresh Kumar, Mr. Lokesh Sharma, Mr. Mukesh Bijarnia, Mr. Shailendra Singh Saurabh, Mr. Ram Pratap Saini, Mr. Rakesh Kumar Saini, Mr. Rajendra Prasad Sharma, Mr.K.K. Chhawal, Mr. Sandeep Garssa, Mr. Mahendra Shah, Mr.Vigyan Shah, Mr. Tanveer Ahamad, Mr. Ajay Choudhary, Mr.Sanjay Gangwar, Mr. N.K. Tiwari, Ms. Rashmi Jain, Mr. Chetan Jain & Mr. Hemant Sharma, for PETITIONERS Mr. S.K. Gupta, Additional Advocate General, for the State

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Heard learned counsel for the parties.

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By this bunch of writ petitions, a challenge is made to the

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orders of transfer.

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This court as well as Principal Seat at Jodhpur had earlier decided bunch of writ petitions with certain directions. The directions contained therein were to permit each petitioner to make a representation and for its consideration with certain guidelines. The last order in the similar bunch of writ petitions was passed on 24^th August, 2016. It was made clear that belated writ petitions filed after the said order would be considered separately. Out of the present bunch, few writ petitions were filed before 24^th August, 2016.

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It is submitted that a counselling is scheduled to be held on 5^th September, 2016 in pursuance of the directions given by the Principal Seat at Jodhpur in bunch of writ petitions led by Bhagwana Ram Vs. State & Ors., S.B. Civil Writ Petition No.6272/2016 , decided on 24^th August, 2016 . A prayer is made to cover present writ petitions by the order dated 24^th August, 2016.

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Learned Additional Advocate General Shri S.K. Gupta has raised objection. He submits that out of many petitioners, few are those who had earlier made representations and have been considered thus they have come in second round of litigation. They may not be governed by the directions given earlier by this court or by the Principal Seat at Jodhpur. The petitioners have already been posted and few have also joined their place of posting thus, interference in the transfer would now unsettle

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the administration.

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I have considered the rival submissions made by learned counsel for the parties and perused the record.

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The petitioners are aggrieved by the orders of transfer and challenge is made on various grounds, which include that a Teacher Gr.III (Level-II) has been posted against the post of Teacher Gr.III (level-I). In few cases, posting is in the subject different than for which petitioners have been appointed. There are many such similar issues which were earlier considered by this court in bunch of writ petitions decided on 24^th August, 2016. The few writ petitions have been filed subsequent to the said order though others have been filed prior to it.

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The posting and transfer remain in the domain of the administration. It is not in dispute that Teacher Gr.III (Level-II) cannot be posted against the post of Teacher Gr.III (level-I). It was done by the administration under certain contingencies thus, in the earlier bunch of writ petitions decided on 24^th August, 2016, appropriate directions were given to bring back the petitioners to their original post.

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Taking into consideration overall facts of the case, it is agreed by the counsel for parties that each petitioner be given liberty to make a representation for their appropriate posting, which may then be considered by the respondents. On receipt of the representation, respondents would be at liberty to call

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the petitioners for counselling in the appropriate case, which may be conducted in pursuance of the earlier judgment of this court. The respondents would, however, send Teacher Gr.III (Level-II) posted against Level-I back to their original post by applying the same directions as were given in the judgment dated 24^th August, 2016. In the same manner, if Teachers have been transferred against the post of different subject than for which they were appointed, the respondents would consider for their posting at the place where subject is available so that they can undertake their teaching work properly.

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The petitioners would be at liberty to indicate the place where post is lying vacant and with the prayer to transfer them to the said place. The representation aforesaid may be considered by the respondents subject to requirement of the Teacher at that place.

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If mutual transfer is sought then it would be dealth with by the department. The request can be accepted because in the case of mutual transfer, it would not affect any one which includes even the department. The prayer for mutual transfer would be between the employees of same level of the post and set up apart from subject, if any.

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Apart from the issues referred above, if any other issue exists to seek change of the place of transfer, the petitioner/s would be at liberty to make a representation showing the

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ground for it like posting of husband and wife at one place, illness, disability, retirement in few months or any such similar ground.

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It is agreed that the representation would be considered by the department within a period of two months with necessary order.

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It is, however, made clear that while undertaking the exercise given above, the Teachers, who are satisfied with their posting and are working, would not be disturbed.

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The writ petitions are disposed of with the aforesaid.

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A copy of this order be placed in each file.

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[M.N.BHANDARI], J.

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FRBOHRA

Hemant Kumar BAIRWAandORS v. State Elementary Educationors

Case brief

What is this about?

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Hemant Kumar BAIRWAandORS v. State Elementary Educationors

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