Petitioner, a physically handicapped teacher aggrieved by transfer under Article 226 of the Constitution of India and requires respondents to decide his representation within two weeks while retaining his current posting.
Directed respondents to decide petitioner's representation within two weeks; petitioner to remain at present posting until then.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 732/2019
Ghamanda Ram Patel S/o Sh. Jodha Ram, Aged About 50 Years, B/c Patel, R/o Jod Area, Jhanwar, Tehsil Luni, District Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Parmendra Bohra. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
15/01/2019
This writ petition has been filed by the petitioner aggrieved against the order dated 05.10.2018 (Annex.-3), whereby the petitioner has been transferred from Govt. Senior Secondary School Kadumbanada, Jodhpur to Govt. Senior Secondary School, Sihara Baap, Jodhpur and the respondent No.4 has been transferred in petitioner’s place.
It is claimed that the petitioner is physically handicapped and his wife is also physically handicapped and despite representation made by the petitioner in this regard, the same has not been considered by the respondents.
(2 of 2)
[CW-732/2019]
Further submissions have been made that the petitioner has not been relieved so far.
In view of the fact that the petitioner was transferred way back on 05.10.2018 and his representation is still pending with the respondents, in the facts and circumstances of the case, the respondents are directed to decide the representation made by the petitioner by way of a speaking order within a period of two weeks from the date a certified copy of this order is placed with the respondents.
Till such time that the representation is decided by the respondents, the petitioner shall not be relieved from the place of present posting, unless already relieved.
With the above directions, the writ petition filed by the petitioner stands disposed of.
(ARUN BHANSALI),J
184-PKS/-
2 issues framed by the court
Whether the education department is directed to consider the petitioner's representation regarding his physical handicap and transfer within two weeks?
Whether the petitioner is entitled to remain at his present posting until the representation is decided?
Ghamanda Ram Patel
State Of Rajasthan
Director, Secondary Education, Bikaner
District Education Officer, Secondary Education, Jodhpur
Govind Sharma
Arun Bhansali
As recorded by the court registry
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