Dismissed

Sunil Kumar Sahu S/O Shri Neki Ram Sahu v. the State of Rajasthan through Principal Secretary

Rajasthan HC11 Mar 2019CW/2130/2019

Case brief

AI extract

What is this about?

Petitioner sought transfer due to chronic renal failure but withdrew the writ petition. Court mandated director to dispose of subsequent representation non-discriminatorily within four weeks.

What did the court decide?

Petitioner to file detailed representation; Director to dispose within four weeks in non-discriminatory manner.

Sunil Kumar Sahu S/O Shri Neki Ram Sahu Vs the… — Service and Employment | 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.2130/2019

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Sunil Kumar Sahu S/o Shri Neki Ram Sahu, Aged About 30 Years, By Caste Jat (Obc), R/o Village Soluka Bas (Chandrapura), Post Patusari, Tehsil And District Jhunjhunu (Raj.) Presently Working On The Post Of Teacher Grade Iii (Level I) At Government Primary School Aad, G.p. Paner, P.s. Sayara, District Udaipur.

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----Petitioner

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Versus

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The State Of Rajasthan Through Principal Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

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The Secretary, Elementary Education, Rajasthan, Secretariat, Jaipur.

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The Director, Elementary Education, Bikaner.

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The District Education Officer, Elementary Education, Udaipur.

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The District Education Officer, Elementary Education, Jhunjhunu.

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The Block Elementary Education Officer Cum Ex-Officio, Panchayat Elementary Education Officer, G.p. Paner, P.s. Sayara, District Udaipur.

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----Respondents

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For Petitioner(s) : Mr.Hanuman Choudhary For Respondent(s) : Mr.C.L. Saini, AAG

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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11/03/2019

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Counsel for the petitioner submits that the petitioner

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has undergone a kidney transplant and suffering from chronicrenal

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failure. He submits that presently the petitioner is posted at Gram

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(2 of 4)

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[CW-2130/2019]

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Panchayat Paner, Panchayat Samiti Sayara, District Udaipur. It has

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been submitted that the State Government has a policy to transfer

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Teachers’ suffering from serious ailments including renal failure to

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their home town or nearby areas if the vacancy in the home town

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does not obtain. It has been submitted that an application, in this

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regard, for inter district transfer was first submitted to the

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respondents in terms of the State Government’s policy but has not

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yet been considered favourably as it ought to be done in the facts

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of the case.

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Heard.

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After arguing for a while, taking note of the fact, that

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the issue of transfer is one primarily of administrative discretion

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albeit taking into consideration the State Government’s policy

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enunciated in regard thereto and also noting the fact that the petitioner’s cause of action arose entirely within the territorial jurisdiction of the Principal Seat of this Court at Jodhpur,

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Mr.Hanuman Choudhary, counsel for the petitioner submits that he

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be allowed to withdraw this petition with liberty to the petitioner

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to file a detailed representation with supporting material to the

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(3 of 4) [CW-2130/2019]

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Director, Elementary/ Secondary Education, Bikaner as may be

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warranted such that it be considered as per the State

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Government’s policy applied to the facts of the petitioner’s case. It is however been prayed that the Director concerned be mandated

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to address the petitioner’s representation in a non discriminatory manner in terms of the State Government’s enunciated policy with

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reference to the processing of applications for inter district transfer by those suffering from serious ailments such as renal

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failure, cancer etc.

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In view of the submissions made, I would dispose of

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this petition as withdrawn with liberty to the petitioner to make a detailed representation to the Director, Elementary/ Secondary

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Education as the case may be with supporting material as to his

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chronic kidney failure.

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In the event of the representation being filed by the petitioner, the Director is directed to dispose it of in a nondiscriminatory manner by a reasoned order with reference to earlier similar representations decided as also the State Government’s enunciated policy in regard to transfer of those

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(4 of 4)

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[CW-2130/2019]

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suffering from serious ailments. The said representation be

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addressed by the Director within a period of four weeks from its

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receipt.

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(ALOK SHARMA), J

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Himanshu/159

Sunil Kumar Sahu S/O Shri Neki Ram Sahu v. the State of Rajasthan through Principal Secretary

Case brief

What is this about?

What did the court decide?

Sunil Kumar Sahu S/O Shri Neki Ram Sahu v. the State of Rajasthan through Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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