Disposed

Deepak Bhanawat v. State of Rajasthan

Rajasthan HC22 Jul 2022CW/15517/2019

Case brief

AI extract

What is this about?

The petition challenged illegal transfer orders. The Single Judge directed the respondent to consider the petitioner's representation for posting in a Non-TSP area within agreed timelines, without deciding on a specific location, and dismissed the prayer for direction to work at a specific school.

What did the court decide?

Deposited the writ petition and pending applications; directed the respondent to consider the petitioner's representation for a Non-TSP area posting within three weeks.

Deepak Bhanawat Vs State of Rajasthan — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 15517/2019

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Deepak Bhanawat S/o Shri Bheru Lal, Aged About 46 Years, Resident Of House No. - 55, Krishna Vihar, Keshav Nagar, Shastri Circle, District- Udaipur

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----Petitioner

¶5

Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Primary Education And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Director, Primary Education Department, Bikaner. 3. The Deputy Director, Primary Education Department, Udaipur.

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The District Education Officer, Primary Education Department Udaipur.

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The Principal, Government Upper Primary, School, Naganagari Nagarwadi, Near Nathighat, Udaipur.

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----Respondents

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For Petitioner(s)	: Dr.	Rakesh Sinha
For Respondent(s)	: Dr.	Bhawna Jangid

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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22/07/2022

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The present petition has been filed against the transfer orders dated 08.06.2018 and 25.06.2018 whereby the petitioner was directed to join at G.U.P.S., Jogiyon Ka Gura, District Udaipur and further from G.U.P.S., Jogiyon Ka Gura, Udaipur to G.P.S. Nora, Girwa, District Udaipur.

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The case of the petitioner is that he had been transferred vide order dated 31.05.2018 from G.U.P.S., Jogiyon Ka Gura to

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(2 of 4)

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[CW-15517/2019]

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G.U.P.S. Naga Nagri, Girwa and in pursuance to the said order he had joined at G.U.P.S. Naga Nagri, Girwa on 02.06.2018 but because of the notification dated 19.05.2018 issued by the State Government, vide order dated 08.06.2018, he was directed to join back at G.U.P.S., Jogiyon Ka Gura which is wholly illegal. It has further been submitted that again, vide order dated 25.06.2018 he has been transferred from G.U.P.S., Jogiyon Ka Gura to G.P.S. Nora which is also illegal as when the options were invited by the department, he had opted to be posted at Non-TSP area.

¶20

Learned counsel submitted that condition No.10 of the notification dated 19.05.2018 which provides that an employee would not be relieved for the purpose of joining at any Non-TSP area has already been set aside by the Tribunal in the matters of similarly situated persons and in pursuance to the orders of the Tribunal, they have even been transferred to non-TSP area. Therefore, he also deserves to be transferred to a Non-TSP area in parity. Learned counsel further submitted that the State Government itself in its Committee decision dated 12.12.2018 resolved that the order dated 20.09.2018 passed by the Tribunal would not be assailed further and further that all those employees who had filled in the option form would be relieved from their place of posting in the TSP area. Learned counsel submitted that in view of the decision taken by the Committee also he is entitled to be relieved from the TSP area and be posted in a Non-TSP area.

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Per contra, learned counsel for the respondents submitted that in pursuance to the transfer orders passed, the petitioner had been relieved from his place of posting and therefore, he cannot be said to be aggrieved by condition No.10 of the notification. He further submitted that the relief as prayed for by the petitioner

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(3 of 4)

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[CW-15517/2019]

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that he be posted at Naga Nagari, Girwa cannot be granted as it cannot be directed by the Court as to which specific place a person is to be posted.

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Heard learned counsel for the parties and perused the material available on record.

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Before adverting into the facts, it is essential to consider Condition No.10 of Notification dated 19.05.2018. Condition No.10 reads as under:-

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“ टीएसपीसेगैरटीएसपीक्षेत्रहेतुस्थानान्तरिरतकार्मि��कोंको कार्य � ुक्तएवंकार्य�ग्रहणनहींकरवार्याजावेA”

¶28

A perusal of the record shows that the petitioner was first transferred to Naga Nagari, Girwa vide order dated 31.05.2018 but just a few days after, he was directed to rejoin at Jogiyon ka Gura. Subsequently, he was transferred from G.U.P.S., Jogiyon Ka Gura to G.P.S. Nora vide order dated 25.06.2018. In pursuance to the said transfer order he has been relieved and admittedly he is working at Nora, therefore, it cannot be concluded that the petitioner is aggrieved of condition No.10 of the notification. The only grievance of the petitioner could be that he be posted to a Non-TSP area.

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Furthermore, prayer No.3 as made in the writ petition for a direction for permitting the petitioner to work at Naga Nagari, Panchayat Samiti Girwa cannot even be allowed as subsequent to the same, a further transfer order dated 25.06.2018 has not only been passed but also has been implemented. The petitioner has, in pursuance to the same, joined at Nora way back in the year 2018 and therefore, no relief pertaining to the order dated 31.05.2018 can now be granted.

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(4 of 4)

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[CW-15517/2019]

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However, keeping in view the fact that the order dated 31.05.2018 was not implemented only because of Condition No.10 of the notification dated 19.05.2018, this Court finds it appropriate to direct the respondent-Department to consider the representation of the petitioner to be posted in some Non-TSP area as it is admitted on record that the petitioner had filled in his option to be posted in a Non-TSP area and the Government itself has taken a decision to permit posting in accordance with the option filled in by the employees. The petitioner may submit his representation to the respondent-authorities within a period of two weeks and the same be decided by the respondent-authorities in accordance with law within a period of three weeks thereafter.

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With the above observations, the writ petition is disposed of. All the pending applications also stand disposed of.

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(REKHA BORANA),J 90-T.Singh/-

Deepak Bhanawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak Bhanawat v. State of Rajasthan

Case brief

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