Quashed

Kamla Kinger v. the State of Rajasthan

Rajasthan HC3 Jan 2023CW/3928/2019

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a writ petition challenging transfer/orders against a teacher, quashing the impugned orders and permitting the administration to pass a fresh transfer order based on administrative exigencies.

What did the court decide?

Quashing of the absorption/transfer order dated 16.06.2018 and the order dated 26.02.2019 qua the petitioner; respondents free to pass fresh transfer order.

Kamla Kinger Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3928/2019

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Kamla Kinger W/o Late Shri Jai Prakash Pahuja, Aged About 50 Years, By Caste Arora, Resident Of House No. 252, Mukharjee Nagar, Tehsil And District Sriganganagar (Raj.).

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----Petitioner

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Versus

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

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

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

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The District Education Officer (Secondary Education), Sriganganagar (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. Himmat Jagga
For Respondent(s)	: Mr. Vishal Jangid

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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03/01/2023

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The present writ petition has been filed with the following

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prayers:-

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"A. by an appropriate writ, order or direction, the order dated 26.02.2019 (Annexure-5) passed by the respondent District Education Officer (Secondary Education), Sriganganagar may kindly be quahsed and set aside qua the petitioner;

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B. by an appropriate writ, order or direction, the order dated 16.06.2018 (Annexure-3) passed by the respondent District Education Officer (Secondary Education), Sriganganagar may kindly be quashed and set aside qua the petitioner;

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(2 of 2)

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[CW-3928/2019]

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C. by an appropriate writ, order or direction, the respondents may kindly be directed to continue the petitioner on the post of Teacher Grade III (Level-I) at present place of posting i.e. Government Upper Primary School, 3 M Dhanni, Tehsil and Block Sriganganagar."

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This Court after hearing learned counsel for the parties had passed the interim order on 15.03.2019 whereby effect and operation of the order dated 26.02.2019 (Annexure-5) & Order of change of set up of petitioner dated 16.06.2018 (Annexure-3) qua the petitioner was stayed. Since in the present case, the transfer/ posting of the petitioner is involved and the petitioner has remained on the similar place, in view of the interim order passed by this Court and a period of almost three and a half years have passed, therefore, the present writ petition is disposed of in terms that the absorption/transfer order dated 16.06.2018 (Annexure-3) & order dated 26.02.2019 (Annexure-5) qua the petitioner is quashed and the respondents will be free to pass a fresh transfer order in accordance with law considering the administrative exigencies.

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(VINIT KUMAR MATHUR),J

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272-KashishS/-

Kamla Kinger v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamla Kinger v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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