Disposed

Smt Sajna Devi Sukhwal v. State Elementary Educationors

Rajasthan HC20 Sept 2016CW/12930/2016

Case brief

AI extract

What is this about?

The court disposed of eight civil writ petitions filed by school teachers seeking liberty to make representations for transfer and posting. The petitions challenged irregular transfers violating grade and subject eligibility norms. The order set a six-week deadline for respondents to consider representations fairly and without predetermination.

What did the court decide?

Liberty granted to petitioners to make representations; respondents to consider them fairly within six weeks.

Smt Sajna Devi Sukhwal Vs State Elementary… — Pension and Retirement Benefits | Rajasthan HC (2016)

¶1

IN THE HIGH COUR T OF JUDICA TURF FOR RAJAS THAN A T JAIPUR BENCH, JAIPUR

¶2

1 5. B. CIC/IL WRIT PElZlTON NO. 12300/2016

¶3

PETITIONER :

¶4

Laxmi Narayan Nagar S/o Shri Dwarka Lal Nagar, aged 33 years, R/o Karjuna, Post Shergarh, Tehsil Atru, District Baran (Raj.) present working on the post of Teacher Grade-I11 Level-I1 (Hindi), in Govt. Sr. Secondary School Khanda Sahrol Block Shahabad District Baran.

¶5

Versus

¶6

RESPONDENTS :

¶7

State of Rajasthan through Principal Secretary, Department of Education, Govt. Secretariat, Jaipur

¶8

Director, Secondary Education, Rajasthan, Bikaner.

¶9

District Education Officer-I, Secondary Education, Bharatpur

¶10

District Education Officer, Elementary Education, Bharatpur

¶11

2 S.B. CIVIL WRIT PETITION NO. 12930/2016

¶12

Smt. Sajna Devi Sukhwal wife of late Shri Radhe Shyam Ji Sukhwal, aged about 36 years, Resident of Gram Panchayat Kashmore, Tehsil and District Chittorgarh.

¶13

Versus

¶14

RESPONDENTS :

¶15

State of Rajasthan through Secretary, Elementary Education Department, Government Secretariat, Rajasthan, Jaipur

¶16

2. Director, Elementary Education, Rajasthan, Bikaner.

¶17

3. District Education Officer, Elementary Education, Chittorgarh.

¶18

3 S.B. CIVIL WRIT PETITION NO. 12690/2016

¶19

Lekhraj Nagar S/o Shri Nand Kishore Nagar, aged about 52 years, R/o Village Khera, Post Harigarh, Khanpur, Jhalawar, Rajasthan

¶20

Duli Chand Meena S/o Shri Bhairu Lal Meena aged about 51 years, R/o Village Hinchar, Post Harigarh, Khanpur, District Jhalawar, Rajasthan.

¶21

Versus

¶22

The State of Rajasthan through Principal Secretary, to the Government, Department of Elementary Education, Secretariat, Jaipur (Raj.)

¶23

The Director, Elementary Education, Bikaner.

¶24

The District Education Officer Secondary Education,

¶25

Jhalawar. (Raj.)

¶26

The District Education Officer, Elementary Education, Jhalawar. (Raj.)

¶27

¶28

4 S.B. CIVIL WRIT PETITION N0.12773/2016

¶29

PETITIONER :

¶30

Smt. Usha Sharma W/o Narayan Lal Sharma, aged about 59 years, R/o Ghosiyo Ki masjid ke Samne, Bada Bajar, Ward No. 23 Jhalawar, Rajasthan.

¶31

Versus

¶32

RESPONDENTS :

¶33

The State of Rajasthan through Principal Secretary, to the Government, Department of Elementary Education, Secretariat, Jaipur (Raj.).

¶34

The Director, Elementary Education, Bikaner.

¶35

The District Education Officer, Secondary Education, Jhalawar. (Raj.)

¶36

The District Education Officer, Elementary Education, Jhalawar. (Raj.)

¶37

5 S.B. CIVIL WRIT PETITION NO. 12823/2016

¶38

PETITIONER :

¶39

Shobha Sharma Wife of Chaturbhuj Sharma, aged about 52 years, by caste Brahmin, resident of Harshnath Bhairav ka Mandir, Sagar Road, Khedi Darwaja, Amer, district Jaipur (Raj.)

¶40

Versus

¶41

RESPONDENTS :

¶42

State of Rajasthan through Principal Secretary, Elementary Education, Govt. Secretariat, Jaipur (Raj.).

¶43

¶44

2. Director, Elementary Education, Bikaner. (Raj.)

¶45

District Education Officer, Elementary Education, Jaipur. (Raj .>

¶46

6 S.B. CIVIL WRIT Pf3TTION NO. 13010/2016

¶47

PWTIONER :

¶48

Kamal Aacharya S/o Shri Kantilal Aacharya, aged about 51 years, resident of Village & Post Jalona Tehsil Ghadi, District Banswara (Rajasthan).

¶49

Versus

¶50

RESPONDENTS:

¶51

The State of Rajasthan through Principal Secretary to the Government, Department of Elementary Education,

¶52

Secretariat, Jaipur (Raj.).

¶53

The Director, Secondary Education, Bi kaner.

¶54

The ~istrict Education Officer Secondary, Banswara (Rajast han)

¶55

7 S.B. CIVIL WRIT PRTTION NO. 12586/2016

¶56

PWTIONER :

¶57

Smt. Mamta Gurjar w/o Shri Jitendra Bhadana, aged about 38 years, resident of House No. 3341, Gandhi Nagar, Makad Wali Ro'ad, Ajmer.

¶58

Versus

¶59

RESPONDENTS:

¶60

The State of Rajasthan through Principal Secretary, to the

¶61

Government, Department of Elementary Education, Secretariat, Jaipur (Raj.)

¶62

2. The Director, Elementary Education, Bikaner.

¶63

The ,District Education Officer Secondary-I Education, Ajmer.

¶64

The ,District Education Officer, Elementary Education, Ajmer:

¶65

8 S.B. CIVIL WRIT PETITION NO. 12989/2016

¶66

Yogesh Sharma S/o Ram Chandra Sharma, aged about 40 years, R/o Village Malkhera, Post Malkhera, Via Chhani, Badi, Tehsii Bhadara, District Hanumangarh, Rajasthan.

¶67

Versus

¶68

RESPONDENTS:

¶69

The State of Rajasthan through its Principal Education Secretary, Government Secretariat, Rajasthan, Jaipur.

¶70

The birector, Secondary Education, Rajasthan, Bikaner

¶71

The Director, Primary Education, Rajasthan, Bikaner

¶72

The District Education Officer (Primary), Hanumangarh, Rajasthan

¶73

The District Education Officer (Secondary), Hanumangarh, Raj.

¶74

Dafe of Order : 2Td September, 2016

¶75

HON'BLE MR. JUSTICE M.N, BHANOARI

¶76

Mr.Vishnu Shankar for Mr.Abdul Rahim ]

¶77

Mr.Sunil Kumar Singodiya 1 Mr.Gajendra Singh Rathore ] Mr.Ram Pratap Saini 1 Mr.Anand Sharma 1, for the petitioners.

¶78

BY THIS COURT :

¶79

Learned counsel prays for disposal of these writ petitions with liberty to the petitioners to make a representation to the respondents for their transfer and posting at the appropriate place than present place of posting. It is in view of the fact that in certain cases, transfer. has beeli made from the post of Teacher Gr.111 Level - I1 to Level - I, though not permissible and vise-a-versa. In few cases, transfer of Teacher Gr.111 Level I1 of a particular subject has been made irrespective of the nonavailability of the post of. the said subject at the place of transfer. In certain cases, a prayer is made to allow consideration of the application for mutual transfer or transfer on the ground of illness, if any,

¶80

Last prayer is to allow petitioners to submit the place of posting to other place, if it is lying vacant and the respondents think it appropriate to post the petitioner/s there without affecting the administration.

¶81

In view of the prayer made, these writ petitions are disposed of with liberty as prayed for. In case of representation,

¶82

¶83

the respondents would be expected to consider it appropriately and without predetermination. The consideration would be made within a period of six weeks from the date of receipt of representation along with copy of this order.

¶84

A copy of this order be placed in each file.

¶85

Pree ti, P. A.

Smt Sajna Devi Sukhwal v. State Elementary Educationors

Case brief

What is this about?

What did the court decide?

Smt Sajna Devi Sukhwal v. State Elementary Educationors

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jaswant Kumar Saini andORS Vs State Medical and Healthors

Vikrant Dubey Vs State Medical and Healthanr

Satya Narayan andORS Vs State of Raj and Ors.

Hukmichand Vs State Education Departmentors

Prahlad Ram Vs State Forest Departmentors

Shiv Shankar Mehta Vs State Education Departmentors