Rajasthan High Court - Jodhpur
Jaimala Sharma vs State Of Rajasthan (2024:Rj-Jd:4453) on 29 January, 2024
[2024:RJ-JD:4453]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1130/2024
Jaimala Sharma W/o Naresh Kumar Sharma, Aged About 43
Years, R/o H.h. - 5131, R.h.b. Colony, Goverdhan Villas, Udaipur,
Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Education
Department, Government Of Rajasthan, Jaipur.
2. The Director, Elementary Education Rajasthan, Bikaner.
3. The Deputy Director, Elementary Education, Division
Udaipur.
----Respondents
For Petitioner(s) : Mr. Shubham Shastri
For Respondent(s) : ----
HON'BLE MR. JUSTICE ARUN MONGA
Order 29/01/2024
1. Grievance of the petitioner herein arises out of inaction on part of respondents to decide her representation, whereby she seeks posting at Government Primary School, GPS Seth Ji Kundal, Block Girwa, Udaipur.
2. Succinct facts first, as pleaded in the petition:-
2.1 Petitioner was appointed as a para-teacher in the year 2000.
Thereafter, petitioner became permanent teacher and was appointed as Prabhodhak level-1 i.e. 3rd Grade Teacher vide an order dated 29.09.2008 passed by the Office of District Education Officer, Primary Education, Udaipur.
2.2 Petitioner is a resident of Udaipur and have a 50 percent disability from Polio. Her working place is at a distance of 120 Km from her residence which makes it difficult for her to commute as she is disabled.
2.3 Petitioner submitted a representation to transfer her to a school nearby to her residence to the Education Department, but (Downloaded on 31/01/2024 at 08:37:10 PM) [2024:RJ-JD:4453] (2 of 2) [CW-1130/2024] nothing has been done to resolve the problem of the petitioner, hence the present writ petition.
3. Learned counsel for the petitioner submits that qua the aforesaid grievance, the petitioner also submitted representation dated 26.08.2021 (Annexure-5) before the competent authority for redressal thereof, which have remained pending till date without being taken up for passing any orders either way. Therefore, the competent authority may be directed to decide the same by passing appropriate administrative order.
4. Request seems to be fair.
5. Given the nature of order which is being passed, no prejudice would be caused to the respondents and, therefore, the requirement of issuance of notice is dispensed with as no return is required to be filed by them.
6. In the aforesaid premise, the writ petition is disposed of. The respondent competent authority is directed to decide the pending representation of the petitioner dated 26.08.2021 (Annexure-5) by passing an appropriate administrative order, in accordance with law by taking into account the mitigating circumstances of the petitioner as narrated in the petition as well as in the representation.
7. Needful be done as expeditiously as possible.
(ARUN MONGA),J 40-DhananjayS/-
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