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2022 DIGILAW 1855 (RAJ)

Sateesh Kumar v. State Of Rajasthan

2022-06-14

KULDEEP MATHUR

body2022
JUDGMENT Kuldeep Mathur, J. - The petitioner has filed the present writ petition with the following prayers:- (i) By an appropriate writ order or direction, the respondent may kindly be directed to relieve the petitioner from his present place of posting i.e. Govt. Primary School, Rohida Nadi (Chohtan) District Barmer for joining her new place of posting i.e. Govt. Primary School Bagdiya, Panchayat Samiti Sapotra, District Karauli. (ii) By an appropriate writ order or direction, the respondents may kindly be directed to relieve the petitioner from his present place of posting with LPC and all service benefit of his past service. (iii) By an appropriate writ order or direction, the respondents may kindly be directed to allow joining to the petitioner in Govt. Primary School, Bagdiya, Panchayat Samiti Sapotra, District Karauli pursuant to appointment order dated 1.6.2022 (Annexure-4). (iv) Any other relief which the Hon'ble Court considers just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioner. 2. This Court vide order dated 13.6.2022 asked the petitioner to supply copy of the writ petition in the office of Shri Pankaj Sharma, AAG. 3. Today, Mr. Pankaj Sharma, AAG has appeared in the matter on behalf of the respondents and agreed that the controversy involved in the present case is covered by the judgment passed by the co-ordinate Bench of this Court in the case of S.B. Civil Writ Petition No. 12846/2017 (Dhanraj Meena v. The State of Rajasthan & Ors.) decided on 15.1.2018. In the aforesaid matter, following directions were issued to the respondents:- "In view of the specific provision i.e. second proviso to Rule 24 of RSR as well as the judgment of this Court in the case of Praveen Kumar Yadav (supra) and Chandra Kala Saini (supra), the stand taken by the respondents in orders dated 2.9.2015 (Annex. R/1) and 4.12.2017 (Annex. R/2), is without any basis. In view thereof, the writ petitions filed by the petitioners are allowed, as the petitioners have already been relieved pursuant to the interim orders passed by this Court, the said interim orders passed by this Court directing to relieve the petitioners are made absolute. It is further directed that the respondents while dealing with the cases of the petitioners pertaining to their pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law. It is further directed that the respondents while dealing with the cases of the petitioners pertaining to their pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law. In cases where the petitioners have been relieved provisionally under the directions of this Court, the Authorities would pass appropriate orders pertaining to relieving of the petitioners alongwith their last pay certificate (L.P.C.), where they were serving earlier." 4. Keeping in view the aforesaid facts and circumstances of the case, it is directed that the petitioner shall be relieved from his present place of posting i.e. Government Primary School, Rohida Nadi (Chohtan) District Barmer for joining in Government Primary School, Bagdiya, Panchayat Samiti Sapotra, Karauli in pursuance of the appointment order dated 1.6.2022. Relieving order in favour of the petitioner shall be issued within a period of three days from today. 5. Petitioner will be permitted to join duties at Government Primary School, Bagadiya, Panchayat Samiti Sapotra, Karauli on or before 24.6.2022. 6. Accordingly, the petition stands disposed of.