Allowed

Ved Prakash S/O Shri Shriram Meel v. the State of Rajasthan

Rajasthan HC4 Nov 2022CW/13968/2022

Case brief

AI extract

What is this about?

Petitioner, a teacher with over 40% permanent disability, was transferred under an order dated 02.09.2022 but was not relieved to join the new posting. The Court, noting the fault in withholding relief, exercised discretion under Article 226 to allow the writ peti

What did the court decide?

The respondents are directed to relieve the petitioner immediately for joining at his new place of posting in pursuance to the transfer order dated 02.09.2022.

Ved Prakash S/O Shri Shriram Meel Vs the… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13968/2022

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Ved Prakash S/o Shri Shriram Meel, Aged About 24 Years, R/o Johada Ki Dhani, Near Jhadewa Railway Phatak, Nawalgarh, District Jhunjhunu (Raj.)

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----Petitioner

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Versus

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

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The Director, Secondary Education, Rajasthan, Bikaner (Raj.)

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District Education Officer (Hq), Secondary Education, Tonk District Tonk, Rajasthan

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Principal, Govt. Sr. Sec. School Kareda Bujurg, Tehsil Newai, District Tonk (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Sandeep Garssa For Respondent(s) : Mr. S.S. Raghav, AAG

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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04/11/2022

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Instant writ petition has been filed by the petitioner with the

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following prayers:-

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“It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to call for the entire record relating to the case, by examining the same accept and allow this writ petition,

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(I) by issuing an appropriate writ, order or direction delete/ exempt the condition No. 1 of the transfer order dated 02.09.2022 (Annexure-6) to the extent of petitioner and the respondents be directed to relieve the petitioner from his present posting place and allow his joining at the transferred place i.e. S.S.D. Ray J.P. Murarka Govt. Sr. Sec. School

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(2 of 3)

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[CW-13968/2022]

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Barwasi, Block Nawalgarh, District Jhunjhunu; (ii) any other appropriate relief, which is deemed just and proper in above mentioned facts and circumstances, may also be granted to the petitioner.”

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Brief facts of the case are that the petitioner was transferred by the respondents from Government Senior Secondary School Kareda, Bujurg, Block Newai, District Tonk to S.S.D. Ray J.P. Murarka Government Senior Secondary School, Barwasi, Block Nawalgarh, District Jhunjhunu.

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The grievance of the petitioner is that despite passing of the transfer order dated 02.09.2022, the respondents are not relieving the petitioner for his joining at new place of posting.

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Counsel further submits that according to the disability certificate issued by the Competent Authority, the petitioner is having permanent disability of more than 40%.

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Mr. S.S. Raghav, learned Additional Advocate General has opposed the writ petition and submitted that the petitioner has not completed the probation period as yet, therefore, they have not relieved the petitioner.

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Heard counsel for the parties and perused the record.

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This writ petition filed by the petitioner deserves to be allowed; for the reasons, firstly, admittedly, the petitioner is having the permanent disability of more than 40%, secondly, considering the grievance of the petitioner, the respondents themselves passed the transfer order dated 02.09.2022, therefore, in my considered view, the respondents are at fault in not relieving the person specially in the circumstances when the petitioner is having permanent disability of more than 40%, lastly, in the facts and circumstances of the present case, I am inclined

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(3 of 3) [CW-13968/2022]

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to exercise the extraordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India.

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Hence, the present writ petition stands allowed.

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The respondents are directed to relieve the petitioner immediately for joining at his new place of posting in pursuance to the transfer order dated 02.09.2022.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /61

Ved Prakash S/O Shri Shriram Meel v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ved Prakash S/O Shri Shriram Meel v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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