Dismissed

Dharm Singh Napit S/O Shre Bharosi Napit v. State of Rajasthan

Rajasthan HC2 Mar 2023CW/16113/2022

Case brief

AI extract

What is this about?

Held that while the petitioner has no strict vested right to a specific posting, the State must show grace and magnanimity regarding a teacher with 100% visual impairment. The court permitted a fresh representation for posting in the home district within two weeks, to be decided sympathetically considering the RPWD Act 2016 and relevant circulars.

What did the court decide?

Petitioner permitted to file fresh detailed representation for posting in home district within two weeks; respondents to consider sympathetically and decide within four weeks.

Dharm Singh Napit S/O Shre Bharosi Napit… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/003646]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 16113/2022

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Dharm Singh Napit S/o Shre Bharosi Napit, Aged About 35 Years, R/o Village And Post Bugdav, Tehsil Mandrayal, District Karauli Raj. (Mobile No. 9602988706) Presently Posted As Teacher Grade Iii Level Ii Subject Social Studies At Government Upper Primary School Aghawali, Bayana, Bharatpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Rural Development And Panchayati Raj, Govt. Secretariat, Jaipur (Raj.)

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Chief Executive Officer, Zila Parishad, Bharatpur (Raj.) 3. District Education Officer, (Headquarter) Elementary Education, Bharatpur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Dharm Singh Napit, in person For Respondent(s) : Mr. S.S. Raghav, AAG

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HON'BLE MR. JUSTICE SUDESH BANSAL Order 02/03/2023

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By way of instant writ petition, petitioner is seeking directions to transfer/post him as Teacher Grade III Level II in his Home District on account of his 100% visual impairment.

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Petitioner stated that presently he is posted as Teacher Grade III Level II at Government Upper Primary School Aghawali, Bayana, Bharatpur away from his residence. It has been stated that he is suffering from 100% visual impairment and relying on provisions of the Rights of the Persons with Disability Act, 2016 and Rules made thereunder and the Circular dated 20.7.2000, 13.5.2010, he has a preferential right to be posted at the place of his choice. It has also been stated that his old mother is alone at house, his presence is required at home District to take care of his mother.

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Reliance has also been placed on an order dated 17.02.2022 passed by the Division Bench in DB Special Appeal Writ

(2 of 2)

[2023/RJJP/003646]

[CW-16113/2022]

No.843/2021: Mohd Nasir Vs. State of Rajasthan, wherein the

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Division Bench observed as under:-

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“We are of the view that the state administration should be considerate and resolve the issue amicably within the administrative framework. Though the petitioner may not have a vested right to insist on being posted at a particular place, considering the hardships of a person who suffers from 100%visual impairment is an act of grace and magnanimity which in our view the State Government should show.

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Let the petitioner make a fresh representation to respondent No.2 indicating places where the posts are vacant and which would be most suitable for him for discharging his duties. If such a representation is made within a period of one week from today, the same shall be considered sympathetically and disposed of within four weeks of the receipt thereof.

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With these observations the appeal stands disposed of.

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Heard. Considered.

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Considering the submission of the petitioner and the order of the Division Bench in case of Modh Nasir (supra), petitioner is permitted to move a fresh detailed representation to respondents indicating the place of his choice of Karauli or any nearby place of his home District, within a period of two weeks from today. The respondents are expected to consider the same sympathetically having regard to provisions of the Act of 2016 as also circular issued by the State Government and shall give posting to the petitioner on vacant post preferably in his home District Karauli or any other vacant place situated nearby to his home District. Accordingly, representation of petitioner be disposed of within a period four weeks from receipt of the representation.

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The writ petition stands disposed of, accordingly.

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Stay application and other pending application(s), if any, also stand disposed of.

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(SUDESH BANSAL),J

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NITIN /66

Dharm Singh Napit S/O Shre Bharosi Napit v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharm Singh Napit S/O Shre Bharosi Napit v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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