Dismissed

Nirmala Kanwar v. the State of Rajasthan

Rajasthan HC6 Sept 2019SAW/1218/2019

Case brief

AI extract

What is this about?

This special appeal arises from the dismissal of a writ petition by a government teacher as infructuous due to a subsequent government order restoring a co-transferee's status. The High Court found no merit in the appeal and dismissed it, noting the appellant could pursue independent remedies.

What did the court decide?

The appeal filed by the appellant Nirmala Kanwar has been dismissed.

Nirmala Kanwar Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 1218/2019

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Nirmala Kanwar, Teacher Grade III, Level II, Government Senior Secondary School, Bhankrota, Jaipur.

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----Appellant

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Versus

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

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Director, Secondary Education Rajasthan, Bikaner.

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District Education Officer (Secondary), I First Jaipur, 1St Floor, Block 3, Dr. Radhakrishnan Shiksha Sankul, Jln Marg, Bajaj Nagar, Jaipur.

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Bharat Sharma, Private Secretary/ Special Assistant To State Minister Of Education (Independent Charge) Secretariat, Jaipur.

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Kavita Mathur W/o Shri Pradeep Mathur, Aged About 45 Years, R/o F-14, Nanpuri-F, Swej Farm, 22 Godawn, Jaipur-302019 (Raj.)

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Gayatri Sharma, Teacher Grade III, Level II Government Senior Secondary School, Sodala, Jaipur.

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----Respondents

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For Appellant(s) : Ms. Madhumita Das For Respondent(s) :

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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06/09/2019

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This appeal has been filed by the appellant-Nirmala Kanwar against the order dated 05.07.2019 and the order dated 17.07.2019 passed by the learned Single Judge. By the first order, the writ petition filed by Kavita Mathur was disposed of as having

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(2 of 3)

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[SAW-1218/2019]

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been rendered infructuous, in view of the Government order dated 03.07.2019. By second order, the review petition filed by the appellant-Nirmala Kanwar seeking review of the aforesaid order dated 05.07.2019 has been dismissed.

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Original writ petitioner-Kavita Mathur in her writ petition, challenged the order of transfer dated 29.06.2018 vice the present appellant. While Kavita Mathur was transferred from Government Senior Secondary School, Bhankrota, Sanganer City to Government Senior Secondary School, Bardoti, Dudu and appellant-Nirmala Kanwar was transferred from Government Senior Secondary School, Sodala to Government Senior Secondary School, Bhankrota, Sanganer City. The operation of the aforesaid order was stayed by order dated 6.8.2018 in the writ petition filed by Kavita Mathur.

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The respondent-government authorities on account of the aforesaid interim order, by order dated 03.07.2019 cancelled the order of transfer of original writ petitioner-Kavita Mathur, as a result of which, she stood restore back to the Government Senior Secondary School, Bhankrota, Sanganer City.

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Learned counsel has cited the order of the Government dated 21.06.2019 to argue that initially the Joint Director (Training), Secondary Education, Rajasthan, Bikaner had allowed Smt. Kavita Mathur to continue in the school at Bhankrota, subject to outcome of the writ petition. They have thus modified the order of transfer dated 29.06.2018.

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Learned counsel for the appellant submitted that the order of transfer, once it was acted upon, could not be cancelled. The appellant had joined on the place of new posting at Bhankrota,

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(3 of 3)

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[SAW-1218/2019]

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therefore, the writ petition could not have been disposed of as rendered infructuous.

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The writ petition was filed by Kavita Mathur. In view of aforesaid order of the Government dated 03.07.2019, she decided not to press the petition and therefore the same was disposed of as infructuous. The learned Single Judge cannot be said to have committed any error in dismissing the writ petition as infructuous and also the review petition without having any merit.

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The appellant, if he is so advised, can independently agitate his grievance before the appropriate forum and avail his remedy, which liberty has already been granted by learned Single Judge while dismissing the review petition.

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We do not find any merit in this appeal, which is dismissed.

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(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J

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Jatin /RS/27

Nirmala Kanwar v. the State of Rajasthan

Case brief

What is this about?

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Nirmala Kanwar v. the State of Rajasthan

Case brief

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