Partly allowed

Mahendra Kumar Shrotria S/O Shri Sua Lal Shrotria v. State of Rajasthan

Rajasthan HC3 May 2023CW/6801/2023

Case brief

AI extract

What is this about?

The court intervened in a writ petition challenging a teacher's punishment for withheld increment due to dropped subject results. Following precedent, the court directed the department to decide the appeal considering prior law rather than deciding on merits.

What did the court decide?

Respondents directed to decide the petitioner's departmental appeal considering the law propounded in Ashok Kumar Kulhari case.

Mahendra Kumar Shrotria S/O Shri Sua Lal… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/009191]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6801/2023

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Mahendra Kumar Shrotria S/o Shri Sua Lal Shrotria, Aged About 58 Years, R/o 2 N 16, R.c.vyas Colony, Bhilwara. At Present Working As Principal At Government Senior Secondary School Bhadu, Block Mandal District Bhilwara.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Additional Chief Secretary, School Education Department, Government Of Rajasthan, Secretariat, Jaipur

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Deputy Secretary, Education Group-2, Secretariat, Jaipur

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Director, Secondary Education, Bikaner

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District Education Officer (H.q.), Secondary, Bhilwara

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----Respondents

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For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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03/05/2023

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The petitioner a Principal of Govt. Senior Secondary School, Bhadu has challenged the action of respondents of punishing him for withholding one grade increment on the ground that result of institution in particular subject has been reduced.

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Counsel for petitioner has relied upon an order of this court dated 17.04.2023 in S.B.C.W.P No. 5880/2023, Jasaram v. State of Rajasthan , wherein this court relying upon order dated 16.05.2008 in S.B. Civil Writ Petition No.6005/2005: Ashok Kumar Kulhari Vs. State of Rajasthan , held that no disciplinary action can be taken against a teacher on the ground that result of

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[2023/RJJP/009191]

[CW-6801/2023]

a particular subject has been reduced. Similar analogy has been applied to the petitioner who is Headmaster.

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Heard. Considered.

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In view of aforesaid instead of deciding the petition on merits respondents are directed to decide the departmental appeal filed by the petitioner against the punishment order dated 10.05.2022 and taking into consideration the law as propounded by this court

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in case of Ashok Kumar Kulhari (supra) .

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The writ petition is disposed of accordingly.

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

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(SUDESH BANSAL),J

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SACHIN/43

Mahendra Kumar Shrotria S/O Shri Sua Lal Shrotria v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Kumar Shrotria S/O Shri Sua Lal Shrotria v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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