Dismissed

Bitthal Prasad Agarwal andORS v. State Education Dep Ors.

Rajasthan HC13 Mar 2018CW/5346/2018

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan disposed of a writ petition concerning teacher transfer and posting. The court directed petitioners to file a comprehensive representation citing specific coordinate precedents and ordered State respondents to consider it within two weeks and decide thereafter within six weeks via a speaking order.

What did the court decide?

Direction to State respondents to consider petitioners' representation and pass a speaking order within six weeks.

Bitthal Prasad Agarwal andORS Vs State Education… — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 5346/2018

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Bitthal Prasad Agarwal S/o Shri Ganesh Lal Agarwal, Aged About 48 Years, R/o C-40, Jawahar Colony, Jhalawar326001 (Raj.)

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Manohar Lal Regar S/o Shri Dhannalal, Aged About 46 Years, R/o Khandya Colony, Jhalawar (Raj.)

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Ram Dayal Regar S/o Shri Bheru Lal Regar, Aged About 53 Years, R/o Village Post Harigarh, Tehsil Khanpur, Distt. Jhalawar.

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Mangi Lal Bheel S/o Shri Purilal, Aged About 51 Years, R/o Sanjay Colony, Jhalawar (Raj.)

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Ramkunwar S/o Daulat Ram, Aged About 50 Years, R/o Khandiya Colony, Jhalawar (Raj.)

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Ramgopal Bairawa S/o Shri Onkar Lal, Aged About 54 Years, R/o Khandiya Colony, Jhalawar (Raj.)

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Mahendra Singh Chauhan S/o Shri Nandsingh Chauhan, Aged About 47 Years, R/o New Master Colony, Jhalawar (Raj.)

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Ghanshyam Nagar S/o Shri Onkar Lal Nagar, Aged About 50 Years, R/o Sector-C, Ashok Vihar, Jhalawar (Raj.)

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Rajnish Sharma S/o Shri Mohan Lal Sharma, Aged About 47 Years, R/o Village Post Tharol, Tehsil Aklera, Distt. Jhalawar (Raj.)

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Rooplal Fagna S/o Shri Badri Lal Gurjar, Aged About 48 Years, R/o Gujaro Ka Mohalla, Near Pani Ki Tanki, Dhanwada, Jhalawar

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Gajanand Meena S/o Shri Shankarlal Meena, Aged About 52 Years, R/o Khandiya Colony, Jhalawar (Raj.)

¶14

Ghisalal Meghwal S/o Shri Mangilal, Aged About 53 Years, R/o Dhawal, Tehsil Pidawa, Distt. Jhalawar (Raj.)

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Ramlal Meena S/o Shri Kanwar Lal Meena, Aged About 52 Years, R/o Devashri Colony, Outside Imali Gate, Jhalarapatan, Distt. Jhalawar (Raj.)

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----Petitioners

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Versus

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The State Of Rajasthan Through Principal Secretary To The Government, Department Of Education, Secretariat,

(2 of 3)

[CW-5346/2018]

Jaipur (Raj.)

The Director, Secondary Education, Bikaner (Raj.).

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The Director, Elementary Education, Bikaner (Raj.)

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

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

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----Respondents

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For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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13/03/2018

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Learned counsel for the petitioners submits that since the controversy raised in the instant writ application is with reference to transfer and posting and at this stage, the petitioner would be satisfied, if the State-respondents are directed to consider the representation of the petitioner within a time frame in the backdrop of adjudication made by a Coordinate Bench of this Court in the case of Bhagwana Ram Versus State & Ors.: S.B. Civil Writ Petition Number 6272/2016, decided on 24^th August, 2016.

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Referring to another order made in S.B. Civil Writ Petition

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Number 12450/2016 (Harishankar Verma Versus State of Rajasthan & Ors.), disposed off on 3^rd October, 2016, learned counsel would submit that the State-respondents therein were directed to consider the representation with reference to mutual transfer or transfer on the ground of illness and in the eventuality

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where the vacancies existed without any compromise on administrative exigency.

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(3 of 3) [CW-5346/2018]

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In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation enclosing the copies of the orders in the cases of Bhagwana Ram and Harishankar Verma (supra), within two weeks hereinafter.

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In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law. However, in no case later than six weeks from the date of receipt of the representation along with a certified copy of this order.

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With the observations and directions, as indicated above, the writ application stands disposed off.

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(VEERENDR SINGH SIRADHANA)J.

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SS/154

Bitthal Prasad Agarwal andORS v. State Education Dep Ors.

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Bitthal Prasad Agarwal andORS v. State Education Dep Ors.

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