Disposed

Meera v. State of Rajasthan

Rajasthan HC23 Oct 2021CW/14155/2021

Case brief

AI extract

What is this about?

In a service dispute, the High Court directed the petitioner to submit a representation before the District Education Officer under new guidelines from 24.08.2021. The court allowed the petitioner to discharge duties at the old posting pending the decision.

What did the court decide?

Petitioner permitted to discharge duties at present place of posting; to file representation within one week; representation to be decided within two weeks.

Meera Vs State of Rajasthan — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 14155/2021

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Meera D/o Shri Narayan Lal, Aged About 30 Years, Khatiko Ka Bas Pokaran, Jaisalmer (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur (Raj.).

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The Director, Elementary Education, Bikaner (Raj.).

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The District Education Officer, Elementary Education, District Jaisalmer (Raj.).

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The District Education Officer (Headquarter), District Jaisalmer (Raj.).

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----Respondents

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For Petitioner(s) : Mr. D.S. Sodha For Respondent(s) : Mr. Vishal Jangid, Dy.GC

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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23/10/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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Learned counsel for the petitioner submit that the controversy involved in this writ petition is akin to one decided by this Court in bunch of cases led by Prem Bai Meena Vs. State of Rajasthan & Ors. : SB Civil Writ Petition No.11136/2017 decided by Jaipur Bench on 24.07.2017.

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Learned counsel for the respondents, is not in a position to dispute the aforesaid position of facts and law.

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Learned counsel for the petitioner pointed out that this Court in the case of Prem Bai (supra) had directed the respondent – State not to relieve the concerned petitioners till their

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(2 of 2)

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[CW-14155/2021]

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representation is decided, but in the present case the petitioner has been relieved though no one has joined at the petitioner’s place and new circular/guidelines dated 24.08.2021 have been issued.

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The petitioner is directed to furnish a representation in light of guidelines dated 24.08.2021 or any other applicable guideline/circular before the concerned District Education Officer within a period of one week, along with photo-stat copy of the guideline/circular and certified copy of the order instant. The petitioner may also point out any vacant post in his district and judgment, which he wishes to rely upon.

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In case, a representation is so addressed within the aforesaid period, the competent authority of respondent shall consider and decide the same in accordance with law as early as possible, preferably within a period of two weeks.

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Until petitioner’s representation is decided, the petitioner shall be permitted to discharge his duties at present place of posting (before passing of the impugned order).

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It is made clear that aforesaid direction to decide there presentation has been issued only with a view to ensure expeditious redressal of petitioner’s grievance. The same may not be construed to be an order to decide the representation in a particular manner.

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The writ petition as well as stay application stand disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI),J.

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36-Sudheer/-

Meera v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Meera v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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