Allowed

Minakshi Sharma v. State of Rajasthan and Ors.

Rajasthan HC10 Jul 2023CW/2032/2018

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jodhpur allowed two writ petitions challenging orders placing school teachers under 'Awaiting Posting Order' (APO) due to long delay. The court made the interim stay absolute, directed that the impugned orders not be implemented, and held that any administrative justification would have long since withered away.

What did the court decide?

The interim order was made absolute; the impugned order placing petitioners under 'APO' shall not be given effect to; writ petitions and stay petitions were disposed of.

Minakshi Sharma Vs State of Rajasthan and… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:20408]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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(1) S.B. Civil Writ Petition No. 2028/2018

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Sunita Swami W/o Shri Gopal Narayan Swami, R/o Inside Dharam Nagar Dwar, Naya Sahar, Bikaner, Rajasthan.

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----Petitioner

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Versus

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

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Director, Secondary Education, Bikaner, Rajasthan. 3. District Education Officer, Secondary Education Ii, Jodhpur.

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Principal, Government Higher Secondary School, Khidrat Bap, Jodhpur.

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----Respondents

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Connected With

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(2) S.B. Civil Writ Petition No. 2032/2018

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Minakshi Sharma W/o Shri Vikas Sharma, R/o Old Gajner Road Nearby Head Post Office, Near Tapariya Flour Mills, District Bikaner, Rajasthan.

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----Petitioner

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Versus

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

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Director, Secondary Education, Bikaner, Rajasthan. 3. District Education Officer, Secondary Education Ii, Jodhpur.

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Principal, Government Higher Secondary School, Khidrat Bap, Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr. D.S.Sodha
	Ms. Shreshtha Mathur for
	Mr. Ankur Mathur
For Respondent(s)	: Mr. Srawan Kumar

(2 of 2)

[2023:RJ-JD:20408]

[CW-2028/2018]

JUSTICE DINESH MEHTA

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Order

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10/07/2023

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By way of the present writ petitions, the petitioners have challenged the order dated 31.01.2018, whereby she has been placed under ‘APO’ (Awaiting Posting Order).

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On 09.02.2018, while issuing notices, this Court had stayed the order impugned due to which the petitioners have been allowed to continue at the place where they were posted prior to passing of the order under challenge.

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Even if there was any valid ground to keep the petitioners under ‘APO’ in the interest of administrative exigency or otherwise, the same must have withered away or ceased to exist by now, due to change in circumstances and passage of sufficiently long time.

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Hence, the interim order is made absolute and it is hereby ordered that impugned order will not be given effect to.

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The respondents shall however be free to pass fresh order and transfer or provide positing to the petitioners, in accordance with law, obviously, if administrative exigency so warrants.

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With these directions/observations, the writ petitions as well as stay petitions stand disposed of accordingly.

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(DINESH MEHTA),J

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41 and 42-akansha/-

Minakshi Sharma v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Minakshi Sharma v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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