Writ petition challenging an educational staff transfer order. The court directed the District Education Officer to consider the petitioner's representation on whether he is a surplus employee within four weeks.
Directed respondent No.2 to consider petitioner's representation within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 17334/2019
Vishal Maheshwari S/o Govind Ram Maheshwari, Aged About 39 Years, Arthandi, Tehsil Samdari, District Barmer.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
22/11/2019
Heard learned counsel for the petitioner. The present writ petition has been filed challenging the transfer order (Annex.1) dated 22.07.2019.
Learned counsel for the petitioner submits that although, the petitioner was not surplus, however, he has been considered as surplus person and sought to be transferred from Arthandi to Ratadi. He further submits that one person who was similarly situated namely, Anuradha Choudhary also submitted representation that she was not surplus and, therefore, she could not have been transferred in pursuance of the order dated 12.03.2019. Her representation has been favorably considered.
(2 of 2)
[CW-17334/2019]
For the same purpose, the petitioner also submitted representation to respondent No.2- The District Education Officer, Elementary Education, Barmer but the same has not been considered.
In the circumstances, the respondent No.2 - The District Education Officer, Elementary Education, Barmer is directed to consider the representation preferred by the petitioner within a period of four weeks strictly in accordance with law.
Accordingly, the writ petition is disposed of.
(VINIT KUMAR MATHUR),J
106-Ravi Kh/-
1 issue framed by the court
Whether to issue an order directing the District Education Officer to consider the petitioner's representation regarding his non-surplus status.
Vishal Maheshwari
State Of Rajasthan, Through The Director, Department Of Elementary Education
The District Education Officer, Elementary Education, Barmer
The Principal, Government Aadarsh Senior Secondary School, Ratadi
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
