Disposed

Shilpa Sowara v. State of Rajasthan

Rajasthan HC9 May 2024CW/3104/2022

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Arun Monga disposed of the writ petition seeking relief against termination of service and non-payment of salary. The court gave liberty to respondents to pass fresh orders independently. The petitioner is allowed to file a representation regarding salary dues.

What did the court decide?

Writ petition disposed with liberty to respondents to pass fresh orders; liberty granted to petitioner to file representation for unpaid salary.

Shilpa Sowara Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:20944]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3104/2022

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Shilpa Sowara D/o Shri Ramesh Sowara, Aged About 30 Years, R/o Gandhi Ashram Ke Piche Nai Abadi, Vpo Partapur, Tehsil Garhi, District Banswara, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Education Secretary, Government Secretariat, Jaipur.

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The Director, Secondary Education, Bikaner. 3. The District Education Officer (Headquarter), Secondary, Banswara.

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The District Education Officer (Headquarter), Secondary, Pratapgarh.

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Head Master, Government Secondary School, Jher, Block Anandpuri District Banswara.

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----Respondents

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For Petitioner(s)	: Mr. Chandraveer Singh
For Respondent(s)	: Mr. Hemant Choudhary

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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09/05/2024

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Grievance of the petitioner inter alia stems out of an order dated 04.01.2022 (Annex.-10) & 22.02.2022 (Annex.-11) vide which her services were terminated and she was relieved from her service.

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Vide an interim order dated 02.03.2022, petitioner continues to work on the post of PTI Grade III under the directions issued by this Court. Said order being apposite is reproduced hereinbelow:- “Issue notice. Issue notice of the stay application also.

(2 of 2)

[2024:RJ-JD:20944]

[CW-3104/2022]

A copy of the writ petition be served on Mr. Vishal Jangid, Dy.G.C., who is directed to complete his instructions in the matter by the next date.

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List the petition on 14.03.2022 after reflecting the name of Mr. Vishal Jangid, Dy. G.C., as counsel appearing for the respondents, in the cause list.

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In the meanwhile, in case, pursuant to the petitioner’s application for grant of maternity leave (Annex.9) has already been accepted and the petitioner was granted maternity leave prior to passing of the order dated 22.02.2022 (Annex.-11), she may not be relieved pursuant to the orders dated 04.01.2022 (Anne.-10) & 22.02.2022 (Annex.11), till the next date.”

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Apropos, on a Court query, learned counsel for the respondents candidly submits that the aforesaid interim order be made absolute provided respondents are given liberty to pass fresh orders in accordance with law.

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In view of the aforesaid statement, writ petition is disposed of with liberty to the respondents to pass fresh orders in accordance with law. However, it is made clear that granting of liberty is not to be construed as a direction of any kind so as to necessarily pass fresh orders, in case, otherwise not warranted. It is expected of the competent authority to take independent call by objective application of mind before taking any administrative decision.

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As regards the claim of the petitioner qua non-payment of dues of her salary during the maternity period, she is at liberty to file representation before the competent authority and in case, the said dues are found admissible, it is expected that appropriate favourable orders will be passed for remitting the same as expeditiously as possible.

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(ARUN MONGA),J

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172-DhananjayS/-

Shilpa Sowara v. State of Rajasthan

Case brief

What is this about?

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Shilpa Sowara v. State of Rajasthan

Case brief

What is this about?

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