Allowed

Mahesh Chand Verma S/O Heera Lal v. State of Rajasthan

Rajasthan HC21 Aug 2019CW/12063/2019

Case brief

AI extract

What is this about?

HC at Jaipur quashed transfer orders against petitioners who had already faced set-up changes. The Court directed a committee to decide grievances without repeating Rule 6-D application and ordered petitioners to remain at previous posts until final orders.

What did the court decide?

Impugned transfer orders quashed and set aside; liberty to respondents to pass fresh transfer orders; petitioners to remain at previous posts.

Mahesh Chand Verma S/O Heera Lal Vs State… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 12063/2019

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Mahesh Chand Verma S/o Heera Lal, Aged About 59 Years, R/o Tailor Master Main Market, Kumher District Bharatpur At Present Worlcing On The Post Of Teacher Grade Iii (Level-2) At Govt. Adarsh Senior Secondary School, Gaondi, Block Kaman District Bharatpur. ----Petitioner

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Versus

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I. State Of Rajas~han; ' ~hrough Secretary Education Departm.ent, ,Government Of Rajasth.an, Secretariat, 3aipur,("~aj). a,*

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2. The Director, Secondary Education, Rajasthan, Bikaner. 'i

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3. Chief Block Elementary Education Officr Panchayaf Samiti Kaman, District Bharatpur Rajasthan

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@qf@?pp$v* 4. District Education Offii&e)tRkf District Education Officer, R"?$ &#.y$j di$4,A;k!<3,** >I ** _..Gd&_* 9% ,%A Elementary d;@catiopg Cs kb k ,q 4&&&+3g2y3e Bh:ti:~.a:t;atpu:r a", .-. p:L:w .(-Rajasthan) + + . ,d **8.crgS*+F,.*% hPLPLk Z >' i ii ?;a,* ,-, ,.;", , ?., a' - .?:: * SV@, , ,,- , -q-xr;.i "+.- A$ ggq$Pn . s@.,. &!d+$sF;$~,(,, . a ,, , J .- -Respondents ,q % i; a % ..if%e.. .+masw4,s-..- ->

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For Petitioner(s) : Mr. S.K. Beniwal, Adv.

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$%? .ts ' $$$ h\Z

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21/08/2019

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**;u irTy7ilP.r .s, -, ,".qeil%, 2 2 ***>a-%i".hz.VI ;1: a:d I

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Counsel for the petlfioAnWr' has submitted that the petitioner has wrongly been transferred by the impugned order dated 11.06.2019 and prayer has been made to allow the petitioner to continue on the post of Teacher Grade-I11 Level-I1 at previous place of posting i.e. Government Upper Primary School, Kila, Kumher, District 'Bharatpur.

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Counsel for the petitioner submitted that the petitioner is also gfoing to attain the age of superannuation on completion of 60

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[CW-12063/2019]

years on 31.01.2020. Counsel submitted that the controversy raised in the present writ petition has already been decided by this Court at Principal Seat, Jodhpur in S.B. Civil Writ Petition No.8085/2019 (Gena Ram' Choudhary Versus State of Raiasthan & Ors.) & other connected writ petitions, vide order dated 21.06.2019.

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3. Counsel for the petitioner also submitted that liberty may be 6" Fa & {h.! ' given to the petitionei +%, +& ,tjo ' ji-.& .a.pp.raacack iheprespondents in view of the r.: i $. t' pT .,# %&%a? '%directions already2 gwen in the case of eri?a )$4;%. '* (supra). 'TF** ~ gss * QL2 "#&3 4. The'directions given in the case of Gena Ram thoudhary a) are reproduced as un:&-<F-z4yt @**>;as:#:x $&$l1j.** ,$@- *+.&jf P&T&~$ $pas Aet..a:b** $ wz~<~ t" % + _"'*%%r_ +&@;$d:,, 3: .nb&p .'E p %- $ "P 4,rb:.$? *#-.? ***.s+* **_.wn,,_* "I] The order~sbp)lfi+appl~~qua t~ "Xi b <<,: c?"; _present petitioners_ 4.&> &k2 $ .,"i:$@f; only and since *%@psfer, ..is<:.ird vidua incidence of i to the sole 4$$iV$g&B,@nly % % ", $?& bJ):4 g: +%a d.&k@%&%,?"F .r,p.J. h:3j' e. I (in petitions e ?rs$. The p e titio "*&. .%3, $,l-&t,L,.'. . L 31 The Director, """' Secondary Education, .;u**~~iwri.r&~i,%wIiii $" !<, % ' r ag Governmen f f J ,shall constitute a committee afresh, to decide the grievance raised by representations and also to implement transfer in accordance with the Rules of 1971 without repeating the exercise of set up change twice for the teachers.

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41 Rule 6-D of the Rules of 1971 shall not be applied upon the present petitioners and their transfers shall be kept free from operation of provisions of rule 6-D of the Rules, as their set up change already stood completed earlier. The

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[CW-12063/2019]

transfer of petitioners, Teachers governed by the Rules of 1971, may be carried out by the competent authority as general transfers under the Rules of 1971.

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51 The aforementioned committee constituted by the respondents shall pass order for transfer of petitioners, after considering their representations, if any, preferably within a period of 15 days from today.

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61 The respondents shall be free to conduct counselling - ;<,. .d or use their software Shala Darpan but shall nof'?afiply % i. rule 6-0 of the Rules upon present p etitton ers. -

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71 Until such fresh orders are passed, the petitioners shall not b.$+Jfia:p&ferred from place of pp&aa' .2%_ ,?a their posting bgf6%gi$'g2iiqggil **.&_** _.^? .qf ",th e impugned_ ad"* "- * _L-v AY ,p,_ .$ " .+>?rs $h transfer ordersfd&&j&$a~ .w~~~~~:~~ gW 81 The impugne,d transfer orders qua present petitioners are quashed and set aside accordingly, with the liberty to , F..., respondents to pass fresh $ , 3*. transfer orders. b,2 rr 91 It is made cl se directions shall apply to the peti cQme before this ose Teachers, to impugned , ."" %*&&%&+ *,,:"k& 1 k ,i⁶² transfer orders, would not be entitled to approach the committee to be constituted by the respondents pursuant to this order. Their transfer orders shall remain effective.

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101 It is further made clear that all those petitioners, who have filed their petitions but due to circumstances have joined at the transferred place of posting, shall be permitted to approach the aforementioned grievance committee constituted by the respondents.

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1 I] Transparency maintained by the respondents by bringing in counselling and software Shala

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Darpan in conducting transfers of the Teachers is applauded by this Court, as it would give some choice to the teachers and shall also reduce unnecessary interference in the transfer exercise. However, it is made clear that any Teacher against whom the exercise under rule 6-D of the Rules of 1971 had already been undertaken in past, shall now not be subjected to rule 6-0 again for conducting transfers under the Rules of 1971. ">> , ." 121 Apart from K ttjs PA@ ah,! petitioner has any #* 9- ,,% - :: 2% A ,a g r: other griewanke a$* . ... then he shall be free?togapproach the Grievance h~=.*, ,t Committee of responbd"td as '"., " ,< A. ,- forfidpursuant to this order and the ~rieliaihe Committee shall redress their grievance strictly in accordance with law and pass final orders of transfer. ' +.

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131 Till final decision pertaining to petitioners is ': 4 4 J; taken as direcP&f<&f@zeS$[dI the p etition ers shall '.% +q*&;z$;&:.< be kept post at t@e 46 , p~a&e.~t~~~%rposted ;c:~~~g~~~~~~!a<*. I$ z4 prior to " * 7L hr-f *, .^Z" ?$L. ,1,+3g,f":hL"*:.:~~~~~g.ag; . +,,v).;* b $ passing 0 f the impuk g n^{e,d;fifia:n@feo;~ders.} d3 . . . . $1 6' k.' " 2" 141 This exercise shag1 $# 4 b6aohd~cted $1 $9 with utmost $3 fP priority to avoid an$ /jt d#~tq-ba$fe t?tl12s v&x to the students in 88; x2.r ,a b.* di $ 2 dgh*? ,A;$& kg :% . .c.S * & ' the ensuing a cadggjgq%gg%s,:o'n: :,&$a -'5.; i,#dpd3&

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The present writ petition is disposed of with liberty to the petitioner to approach the ,respondents and respondents are %"&$ sex& ;g <&.,Ji. *-2 expected to decide the case of the petitioner in view of the principles laid down in the case of Gena Ram Choudhary (supra).

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(ASHO'K KUNAR GAUR),J

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Ramesh Vaishnav 186119

Mahesh Chand Verma S/O Heera Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahesh Chand Verma S/O Heera Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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