Rajasthan High Court - Jodhpur
Sita Ram Sharma vs State Of Rajasthan (2023/Rjjd/012444) on 27 April, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2023/RJJD/012444]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2899/2023
1. Sita Ram Sharma S/o Prabhu Dayal Sharma, Aged About
42 Years, R/o Jaichand Pura District Jaipur Rajasthan.
2. Dileep Kumar Jain S/o Suwa Lal Jain, Aged About 50 Years,
R/o Sadar Bajar, Kushayata District Ajmer, Rajasthan.
3. Prakash Bhagtani S/o Narayan Das Bhagtani, Aged About
44 Years, R/o 20 Uit Colony, Ajay Nagar Ajmer Rajasthan.
4. Pradip Kumar Mishra S/o Raghunath Prasad Mishra, Aged
About 43 Years, R/o Matamandir Ke Samne, Lalpur District
Dholpur, Rajasthan.
5. Lalit Kumar Purushottam S/o Hari Prasad., Aged About 31
Years, R/o Regaro Ka Mohalla, Ward No 16, Mundru District
Sikar, Rajasthan.
6. Rajat Kumar S/o Rajender Kumar, Aged About 29 Years,
R/o 28, Village 17 Ml Pathanwala, Post- Khaliwala, 11 Lnp
Sudamanagar, 17 Ml Khaliwala, Ganganagar Rajasthan.
7. Ravindra S/o Prakash, Aged About 27 Years, R/o Tuhiya,
District Bharatpur, Rajasthan.
8. Budha Ram Choudary S/o Hera Lal Choudhary, Aged About
34 Years, R/o Shiv Colony, Mahapura, Sawai Madhopur
Rajasthan.
9. Jitendra Kumar Meena S/o Ram Bhajan Meena, Aged About
31 Years, R/o Karnpura, Tehsil Lalsot, Karanpura Chak No 1
Dausa Rajasthan.
10. Sandeep Kumar S/o Tulchha Ram, Aged About 44 Years,
R/o Vpo Ninnan, 6Jgw Hanumangarh Rajasthan.
11. Praveen Khatik S/o Phool Chand Khatik, Aged About 33
Years, R/o Raipur, Bhilwara Rajasthan.
12. Manju Kumari Meena W/o Mahesh Kumar Meena, Aged
About 32 Years, R/o 1016 Lada Ka Jhopada, Bamanwas
Patti Kalan, Sawai Madhopur Rajasthan.
13. Manisha Bai Meena D/o Remesh Meena, Aged About 27
Years, R/o Sankra Sawai Madhopur Rajasthan.
14. Mangi Lal Meghwal S/o Onkar Lal Meghwal, Aged About 55
Years, R/o Charan Kheri, Jarkhana District Chittorgarh
Rajasthan.
15. Vimlesh Kumari W/o Jasvant Singh, Aged About 52 Years,
R/o Jatav Colony, Sonkar (Rural)Alwar Rajasthan.
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16. Anil Jangir S/o Om Prakash Jangir, Aged About 41 Years,
R/o 842, Bhairuji Ka Mohalla, Ward No 9 Neem Ka Thana
District Sikar, Rajasthan.
17. Deepk Kumar S/o Jai Lal Singh, Aged About 45 Years, R/o
Narhar, Jhunjhunu Rajasthan.
18. Vinod Kumar S/o Gauri Shankar, Aged About 43 Years, R/o
Navoda Ki Dhani, Hansalsar, Jhunjhunu Rajasthan.
19. Balvindar Singh S/o Rohitash Kumar, Aged About 31 Years,
R/o Ward No 2, Near Bus Stand, 5 Ggm Gogameri,
Hanumangarh Rajasthan.
20. Shyam Sundar Sharma S/o Kailash Sharma, Aged About 31
Years, R/o 297 Joshi Sadan, Neem Ka Para, Sindoli District
Dausa Rajasthan.
21. Om Prakash Verma S/o Phool Chand Verma, Aged About 46
Years, R/o B34 Shiv Shakti Nagar, Jagatpura Road, Malviya
Nagar, Jaipur Rajasthan.
22. Ram Raj Meena S/o Mewa Ram Meena, Aged About 33
Years, R/o Mail Mohalla, Fulyagadh, Ghantiyali, Tehsil Kekri,
District Ajmer Rajasthan.
23. Rajveer Singh S/o Ratan Singh, Aged About 38 Years, R/o
2/l/109 Indra Gandhi Nagar, Sanganer District Jaipur
Rajasthan.
24. Rahul Singh S/o Jal Singh, Aged About 25 Years, R/o
Jhamri, Bharatpur, Rajasthan.
25. Sudheer Yadav S/o Rajendra Prasad Yadav, Aged About 36
Years, R/o Nathu Ki Dhani Gaduwas, Alwar Rajasthan.
26. Kripa Devi Sen W/o Narendra Kumar Narval, Aged About
47 Years, R/o Vidara (Rural) Jaipur Rajasthan.
27. Sitaram Bairwa S/o Gokul Chand Bairwa, Aged About 36
Years, R/o Hingoniya Bujurg, Mahapura @ Turkiya District
Tonk Rajasthan.
28. Anjali Jain W/o Deepanshu Agrawal, Aged About 34 Years,
R/o 1-F-22 R.h.b. Colony Kunhari, Borkui, Kota, Rajasthan.
29. Mahendra Kumar Bairwa S/o Mool Chand Bairwa, Aged
About 44 Years, R/o Sorati Darwaja, Bairwa Basti, Karwad,
Itawa, Kota Rajasthan.
30. Subhash Kumar S/o Ram Kumar, Aged About 43 Years, R/o
5 K.d.a. Ganganagar, Rajasthan.
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31. Seema Sharma W/o Naresh Kumar Sharma, Aged About 51
Years, R/o 102 Shiv Colony, Tejara Fatak, Alwar, Rajasthan.
32. Sunita Sharma W/o Keshav Dev Sharma, Aged About 52
Years, R/o 46 Officer Enclave Extension-Ii Apna Ghar
Shalimar, Near Telco Choraha Alwar, Rajasthan.
33. Usman Gani S/o Wazir Mohammad, Aged About 51 Years,
R/o House No. 514 Mali Mohalla, Bhenshroadgarh,
Chittorgarh, Rajasthan.
34. Dasharath Singh S/o Amar Singh, Aged About 51 Years,
R/o Kota Beriyar, Joganiya Mataji Ke Mandir Ke Pass,
Rawatbhata, Chittorgarh, Rajasthan.
35. Ravi Kumar Meena S/o Dharm Singh, Aged About 31 Years,
R/o Bonl Tehsil Todabheem, Karauli, Rajasthan.
36. Trapti Chaudhary D/o Shri Gambhir Singh, Aged About 32
Years, R/o Lakhanpur, District Bharatpur, Rajasthan.
37. Jitendra Kumar Sharma S/o Sita Ram Sharma, Aged About
32 Years, R/o Ramsar, Koliwara District Dausa, Rajasthan.
38. Ajay Joshi S/o Purushotam Lal Joshi, Aged About 35 Years,
R/o Ward No. 40 Pratibha Nagar, Churu District Churu,
Rajasthan.
39. Rakesh Kumar Berwal S/o Shrichand Singh, Aged About 32
Years, R/o Pardoli Chhoti, Pardoli Badi, District Sikar,
Rajasthan.
40. Laxmi Sharma W/o Surendra Kumar Sharma, Aged About
30 Years, R/o 0 Miran Tehsil Laxmangard District Sikar,
Rajasthan.
41. Surendra Kumar Sharma S/o Mahaveer Prasad Sharma,
Aged About 32 Years, R/o Village Post Meeran Via Patoda,
Mirand District Sikar, Rajasthan.
42. Chinta Ram Meena S/o Ghansi Lal Meena, Aged About 36
Years, R/o Dhamaniya District Baran, Rajasthan.
43. Tulsi Ram Meena S/o Ganga Ram, Aged About 32 Years,
R/o Jyotipura, Tonk District Tonk, Rajasthan.
44. Suman Jodhawat D/o Bhanwar Lal Jodhawat, Aged About
33 Years, R/o 2222/1 Rajeev Colony Behind Of Lic Colony,
Vaishali Nagar Ajmer, Rajasthan.
----Petitioners
Versus
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1. State Of Rajasthan, Through The Secretary, Department Of
Education, Government Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
2. Director, Elementary Education Department, Bikaner,
Rajasthan.
3. District Education Officer, Elementary Education
Department, Udaipur, Rajasthan.
4. District Education Officer, Elementary Education
Department, Chittorgarh, Rajasthan.
5. District Education Officer, Elementary Education
Department, Rajsamand, Rajasthan.
6. District Education Officer, Elementary Education
Department, Banswara, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhati
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 27/04/2023 The counsel for the petitioners submits that the controversy involved in the present case is squarely covered by a judgment of this court passed in a batch of writ petitions led by S.B.Civil Writ Petition No.981/2022 (Chet Ram Meena V/s State of Rajasthan & Ors.) on 02.02.2023 in the following terms:
"1. Petitioners in all these petitions have approached this court with a common grievance that in spite of the fact that the petitioners do not hail from TSP area, they have been posted at places which were either in a TSP area or have been included in TSP area by virtue of the notification issued from time to time by the President of India in this regard.
2. It is argued that petitioners have been retained in TSP area regardless of an earlier decision that was taken by the competent authority, to shuffle them out of TSP area in furtherance of concern expressed by the Department of Personnel.(Downloaded on 28/04/2023 at 11:27:26 PM)
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3. Mr. Pankaj Sharma, learned Additional Advocate General places before the court Minutes of a Meeting dated 06.01.2023 drawn by a high level Committee constituted by the State Government and points out that in light of the such decision, all the petitioners would be moved to Non- TSP area in phased manner.
4. A photocopy of the Minutes of the Meeting which has been produced by Mr. Sharma, learned AAG, is taken on record.
5. All these petitions are disposed of in light of the above referred decision of the State Government in the meeting held on 06.01.2023.
6. State shall ensure that the decision taken qua these petitioners is given effect to as early as possible preferably within a period of six months from today.
7. Needless to observe that since the petitioners will be moved out of their respective districts on account of the decision of the State Government (and not at their own request) they shall not lose their seniority and they will not be placed in bottom of the seniority list, which is so done in case a candidate opts for to it on his own accord.
8. The stay application (s) also stands disposed of accordingly".
The counsel for the petitioners submits that the present writ petition may also be disposed of in the same terms.
In view of the submission made, the present writ petition is also disposed of in terms of the order dated 02.02.2023 passed by this court in the case of Chet Ram Meena (Supra).
The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J 236-DArora/-
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