Dismissed

Narayan Singh v. State of Rajasthan

Rajasthan HC15 Jan 2019CW/749/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged postings accorded based on seniority, contending the respondent teacher should not claim seniority due to a transfer alleged to be based on her own request. The court rejected the plea, finding the transfer was not on her request, and dismissed the petition.

What did the court decide?

The writ petition was dismissed as there was no substance in the plea regarding the loss of seniority.

Narayan Singh Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 749/2019

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Narayan Singh S/o Shri Nathu Ram, Aged About 38 Years, Village Udaipura, Post Jiliya, Via Kuchaman City, District Nagaur, Rajasthan (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Secretariat, Jaipur.

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Director, Secondary Education Department, Bikaner, Rajasthan.

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District Education Officer, Secondary Nagaur, Rajasthan.

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District Education Officer, Primary Nagaur, District Nagaur.

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Smt. Sarita Devi, Teacher Gr. Iii Level-Ii, Govt. Sec. School Khan Talai, Chawandia, Block Kuchaman City, District Nagaur.

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----Respondents

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For Petitioner(s) : Mr. T.S. Rathore. Mr. Ambalal M. For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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15/01/2019

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This writ petition has been filed by the petitioner aggrieved against the order dated 19.09.2018 (Annex.-2), whereby based on the counseling under Rule 6 D of the Rajasthan Education Subordinate Service Rules, 1971 (‘the Rules of 1971’), postings have been accorded.

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(2 of 2)

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[CW-749/2019]

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It is, inter alia, claimed that the respondent No.5 was transferred to District – Nagaur on 04.06.2018, she can’t claim seniority over the petitioner.

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Reliance has been placed on Rule 291 of the Rajasthan Panchayati Raj Rules, 1996 (‘the Rules of 1996’).

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A perusal of the Rule 291 of the Rules of 1996 indicates that it is only in case where the employee gets transferred on his/her own request that the said person would join at the bottom seniority.

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It is not the case of the petitioner that the respondent No.5 was transferred to District – Nagaur based on her request and as such the plea raised by the petitioner in this regard has no substance.

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Consequently, there is no substance in the writ petition, the same is, therefore, dismissed.

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(ARUN BHANSALI),J

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194-PKS/-

Narayan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narayan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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