Govind Sahai Bairwa vs State Of Rajasthan on 21 November, 2019

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Govind Sahai Bairwa vs State Of Rajasthan on 21 November, 2019

Bench: Vinit Kumar Mathur

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Writ Petition No. 7822/2019

Govind Sahai Bairwa S/o Shri Kishori Lal Bairwa, Aged About 42
Years,       R/o     Village   Khera       Laganpur,        Post       Jethwara,   Tehsil
Laxmangarh, District Alwar.
                                                                           ----Petitioner
                                         Versus
1.          State Of Rajasthan, Through The Secretary, Department
            Of    Secondary Education,              Government Of            Rajasthan,
            Shiksha Sankul, JLN Marg, Jaipur.
2.          The Director, Secondary Education, Bikaner.
3.          The     Deputy     Director,        Secondary             Education,   Ajmer
            Division, Ajmer.
4.          The Chief District Education Officer, Secondary Education,
            Ajmer.
                                                                        ----Respondents


For Petitioner(s)              :     Mr. Raghuveer Singh
For Respondent(s)              :     Mr. Kailash Choudhary for Mr. Manish
                                     Vyas,AAG



            HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 21/11/2019 The present writ petition has been filed for the following reliefs:-

"1. The impugned order dated 16.02.2006 (Annex.7) as also the order dated 27.01.2006 (Annex.8) passed by the respondents may kindly be quashed and set aside and;

2. The petitioner may kindly be reinstated in service on the post of Senior Teacher (English) with all back wages and consequential benefits with continuity in service and;

3. Any other order which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. The cost may be also awarded in favour of the petitioner."

(Downloaded on 22/11/2019 at 08:43:53 PM)

Heard learned counsel for the parties. Learned counsel for the parties are in agreement that the controversy in the present case is squarely covered by the judgment dated 21.08.2019 passed by this Court in S.B. Civil Writ Petition No.5025/2007 Pawan Kumar Yadav Vs. The State of Rajasthan & Ors. The same was decided in the following terms:-

"In the light of such limited submission; acceptance of the respondents that the degree in question is correct and has been held to be recognized by virtue of notification dated 16.07.2018 in compliance of the Hon'ble Patna High Court judgment in CWJC No.13108/2016, the present writ petition is allowed.

The termination order dated 16.02.2006 is quashed and set aside. Since the University itself has declared the validity of the degree only by notification dated 16.07.2018, therefore, this Court also finds that the respondents were not at fault to terminate the services of the petitioner initially as on 16.02.2006, hence the petitioner shall be entitled only for notional benefits for the period when he has not served. Accordingly, for all purposes, the services of the petitioner shall be notionally counted for the period he did not actually work.

The petitioner shall be reinstated accordingly with all consequential benefits. Necessary compliance shall be made within a period of three months from today."

In view of the submissions made, the present writ petition is disposed of in the light of judgment of Pawan Kumar Yadav (supra).

(VINIT KUMAR MATHUR),J 187-Ravi Kh/-

(Downloaded on 22/11/2019 at 08:43:53 PM) (Downloaded on 22/11/2019 at 08:43:53 PM) Powered by TCPDF (www.tcpdf.org)

Unlock Advanced Research with PRISMAI

Rajasthan High Court - Jodhpur