Dismissed

Ramesh Chandra Meena v. the State of Rajasthan

Rajasthan HC17 Nov 2023SAW/280/2023

Case brief

AI extract

What is this about?

The Division Bench dismissed the special appeal filed by a teacher. The contested single judge order had granted interim orders as absolute, directed the State to pay arrears, and allowed a fresh transfer order subject to restrictions. The Bench found the relief sufficient and dismissed the appeal.

What did the court decide?

The special appeal was dismissed. All pending applications were disposed of. The State was directed to pay TA/DA and the lower court's order regarding transfer restrictions was upheld.

Ramesh Chandra Meena Vs the State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:39384-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 280/2023

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Ramesh Chandra Meena S/o Megha Ram Meena, Aged About 35 Years, Village And Post Jhadoli, Tehsil Dhariyavad, District Pratapgarh.

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----Appellant

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Versus

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The State Of Rajasthan, Through The Secretary, Department Of School Education, Government Of Rajasthan, Jaipur.

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The Director, Secondary Education, Rajasthan, Government Of Rajasthan, Bikaner.

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Chief District Education Officer, Secondary Education, Pratapgarh. ----Respondents

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For Appellant(s) : Mr. Avin Chhangani For Respondent(s) :

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MS. JUSTICE REKHA BORANA

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Order

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17/11/2023

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The present special appeal (writ) has been preferred with the following prayers :-

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"It is, therefore, most humbly and respectfully prayed that this special appeal may kindly be accepted / allowed, the impugned order dated 10.01.2023, passed by the Hon'ble Single Judge in S.B. Civil Writ Petition No.13192/2022-Ramesh Chandra Meena Vs.State of Rajasthan may kindly be quashed and set aside and the appeal filed by the appellant may kindly be allowed throughout with cost. Any other appropriate relief(s) which this Hon'ble Court may deem just and proper in

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(2 of 3)

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[2023:RJ-JD:39384-DB]

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[SAW-280/2023]

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the facts and circumstances of the case may kindly be passed in favour of the appellant."

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Learned counsel for the appellant submits that the impugned judgment suffers from a manifest error as the same overlooks the fact that wife of the appellant was selected as Teacher Grade-III and joined her duties vide joining letter dated 13.02.2019 at Government Upper Primary School School Bhatwada, Tehsil Dhariyavad, District Pratapgarh and appellant was also posted at Government Upper Primary School School Chittoriya, Dhariyavad Pratapgarh on the post of Lecturer (Sanskrit).

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2.1 Learned counsel has also addressed on the issue of transfer policy of the State Government.

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2.2 Learned counsel has also refuted the applicability of the judgment of Jagdish Chandra Sen Vs. State of Rajasthan & ors. : S.B. Civil Writ Petition No.8224/2017, decided on 15.01.2018.

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This Court finds that learned Single Judge has made the following observation :-

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"11. Having regard to the facts and circumstances of the case and considering that there is divergence of the views on the issue as to whether for want of stipulation regarding TA & DA, the order becomes bad in the eye of law, ideally the matter needs to be referred to a larger Bench. However, considering that the interim orders have been passed in petitioners' favour, on the ground that the TA & DA has not been paid to them and same are continuing till today and that we are in midst of session, this Court fees that vacating interim orders, at this juncture, would not only affect petitioners' rights but would also affect the interest of the students of the schools in which they are teaching, as the session is almost over and final examinations are in offing.

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12. All these writ petitions are, therefore, disposed of while making the interim orders absolute and giving the respondents a liberty to pass fresh order of transfer(s) in accordance with law.

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(3 of 3)

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[2023:RJ-JD:39384-DB]

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[SAW-280/2023]

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13. In case the State considers it necessary fresh order of transfer(s) can be passed qua the petitioners but not upto 15.04.2023.

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14. The petitioners shall obviously have a liberty to challenge fresh order(s) (if any passed by the respondents), in accordance with law.

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15. Needless to observe that if any of the above petitioners was not paid TA & DA, the State shall pay the same in accordance with law latest by 31.01.2023.

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16. Stay petitions also stand disposed of accordingly."

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This Court on careful perusal of the impugned order finds that the sufficient relief has been granted by the learned Single Judge of this court and already a liberty has been granted to seek the same and a direction has also been given to the State to render such benefits to the appellant strictly in accordance with law and also a fixed date has been granted.

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In light of the relief granted, no further interference is called for in the present appeal and the same is accordingly dismissed. All pending applications, if any, stand disposed of.

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(REKHA BORANA),J

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(DR.PUSHPENDRA SINGH BHATI), J

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16-/sudheer//-

Ramesh Chandra Meena v. the State of Rajasthan

Case brief

What is this about?

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Ramesh Chandra Meena v. the State of Rajasthan

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