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Rajasthan High Court - Jodhpur

Khyali Ram vs State Of Raj. & Ors on 27 July, 2009

Author: Prakash Tatia

Bench: Prakash Tatia

                              1

        S.B. CIVIL WRIT PETITION NO.7536/2009
                       Khyali Ram.
                            vs
              State of Rajasthan and others.

DATE OF ORDER: 27.7.2009
              HON'BLE MR. PRAKASH TATIA, J.

Mr.RS Choudhary, for the petitioner. Mr.RL Jangid, AAG, for the respondents.

______ Learned AAG Mr.RL Jangid is directed to accept notice in this matter as the issue has already been decided by this Court and several orders were passed in identical fact and situation and one of the order was passed in SBCWP No.4550/2009-Raj Bala Vs. State of Rajasthan & Ors., on 6.5.2009. In those matters, the contention of the petitioner was that while making appointment to the post of Teacher Grade-III, the respondents have not adhered the preference desired by his/her for his/her posting. It was also contended that the person who stood at lower pedestal than his/her were employed at the place of their choice but the same treatment was not extended to the petitioner. This Court observed that though the posting as per preference cannot be claimed as a right, however, the same being asked by the respondents themselves 2 in the application form, it is expected from them to adhere to its as far as possible. In view of the above reasons, the writ petitions were disposed of by this Court directing the respondents to consider the representation of the petitioner claiming posting as per preference given by the candidate.

Following the decision referred above, this writ petition is also disposed of and it is ordered that petitioner may submit the representation to the concerned authority within a period of one month from today. The authority concerned now may consider the representation of the petitioner seeking his posting as per preference given by the petitioner and the State Government will be free to take into account the delay while considering the petitioner's representation and if the petitioner yet can be given relief then only the petitioner may be given relief and may pass appropriate order.

(PRAKASH TATIA), J.

S.Phophaliya/-