Disposed

Krishan Gopal Chaneja v. State Education Department Ors.

Rajasthan HC4 Apr 2018CW/7109/2018

Case brief

AI extract

What is this about?

This court disposed of a writ petition by directing the State respondents to consider the petitioner's representation regarding employee transfer and seniority within four weeks of receipt, following a similar ruling in a coordinate bench case.

What did the court decide?

Directorate directed to consider petitioner's representation within four weeks of receipt and pass a reasoned order.

Krishan Gopal Chaneja Vs State Education Department… — 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. 7109/2018

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Krishan Gopal Chaneja Son Of Shri Shivram Chaneja, Gurjar, Aged About 26 Years, Resident Of 118, Dewala Nada, Post Prempura, Tehsil District Sikar (Raj.)

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----Petitioner

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Versus

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The State Of Rajasthan Through Its Principal Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.)

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The Director, Secondary Education, Bikaner (Raj.)

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

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The District Education Officer, Secondary Education-I, Nagaur (Raj.)

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

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The District Education Officer, Secondary Education-I, Sikar (Raj.)

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

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----Respondents

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For Petitioner(s) : Mr. Chaman Singh For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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04/04/2018

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Learned counsel for the petitioner, at the very outset, submits that in somewhat similar facts and circumstances, a Coordinate Bench of this Court after hearing the learned Additional Advocate General, for the State-respondents, on 22^nd November, 2016, in the case of Rita Versus State of Rajasthan & Ors.: SBCWP Number 15447 of 2016; allowed an opportunity to the petitioner

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(2 of 3)

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[CW-7109/2018]

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and her husband to address a joint representation, that was to be adjudicated upon with a time frame while deciding of the writ application. The operative portion of the adjudication in the case of Rita (supra), reads thus:

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“Hence, the present petition is disposed of by issuing following directions:-

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(A) Petitioner and her husband shall file a joint representation before the State Government i.e. Secretary, Panchayati Raj. Department, Govt. of Rajasthan. As both petitioner and her husband are employees of different Zila Parishad along with the representation, they shall file an affidavit that the person willing to seek transfer is ready to forego his or her seniority and shall abide by the rules regarding preparation of seniority. The representation shall be filed within 15 days from the date of receipt of certified copy of this order.

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(B) Secretary, Panchayati Raj Department, on the receipt of representation, shall pass appropriate order within one month in accordance with the rules sympathetically to mitigate the misery of the newly married couple.

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A copy of this order under the seal and signature of Court Master, be handed over to Mr.S.K. Gupta, AAG, for onward transmission and necessary compliance.”

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It is further contended that for the present; the petitioner would be satisfied, if the State-respondents are directed to consider and decide the representation of the petitioner in the backdrop of the adjudication in the case of Rita (supra), within a time frame, which he is ready and willing to address within two weeks hereinafter.

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(3 of 3) [CW-7109/2018]

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In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioner to address a comprehensive representation enclosing a copy of the order in the case of Rita (supra).

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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 four 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/262

Krishan Gopal Chaneja v. State Education Department Ors.

Case brief

What is this about?

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Krishan Gopal Chaneja v. State Education Department Ors.

Case brief

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