Indra Maan @APPELLANT@Hash State of Rajasthan & Ors

Learned counsel for the petitioners submits that identical controversy has already been raised, considered and adjudicated upon by a Coordinate

Bench of this Court in a batch of writ applications lead case being SBCWP No.11136/2017: Prem Bai Meena Versus State of Rajasthan & Ors., vide

order dated 24th July, 2017, observing thus:

“Learned counsel, Mr. Sanjay Kumar Sharma, Government Counsel, appearing on behalf of the State-respondents submits that controversy raised

in the instant batch of writ applications stands resolved in view of the adjudication by a Coordinate Bench of this Court in a batch writ applications lead

case being No.10232/2016: Smt. Rooplata Meena Versus State of Rajasthan & Ors., decided on 19th August, 2016, observing thus:

“I have considered the rival submissions made by learned counsel for the parties and perused the record. After considering various grievances

raised by the petitioners and narrated above, it can be redressed, if representation is given by the petitioners within ten days from today and exercise is

thereupon undertaken by the department in the following manner for which their exist agreement between the parties:

(1) The petitioners would make a representationto the respondents raising their grievances against the order of posting. It would be by narrating

ground for challenge of the posting. The representation aforesaid would be submitted within a period of ten days from today along with certified copy

of this order. The respondent department i.e. Secondary as well as Elementary Education 11 would immediately notify the vacant posts in different

schools and out of which, in which school they are in need of a Teacher. If a vacant post exists in the school, but looking to the strength of the

students, the Teacher may not be required then while notifying the vacant post in the school, it would be made clear by the department that against

any post or posts, they do not need additional hands. It is agreed that if the department finds that additional hands are not required in a particular

school or against a post, then such posts would not be filled by transfer for a period of three months.

(2) The Teachers of Level II posted against thepost of Level-I would be transferred back to their post immediately after getting the new recruitees or

on availability of the Teacher (Level-I). The said exercise would be undertaken vice-versa i.e. for transfer of Teachers Gr.III appointed on LevelI but

transferred against the post of Level-II, if any.

(3) The department would post the Teacheragainst the post meant for specialised subject if their recruitment was in a particular subject or they are

teaching the subject for years together. The Teacher of subject would be transferred to a post of the said subject only so that students may not suffer.

(4) While undertaking the exercise, thedepartment may take into consideration the guidelines issued on 8th May, 2016 and 9 th May, 2016. While

applying the said guidelines, the effort would be to redress the grievances of the petitioners.

(5) The petitioners would be at liberty to indicatetheir choice of school other than it is notified by the respondents.

(6) If mutual transfer is sought then it would bedealth with by the department. The request can be accepted because in the case of mutual transfer, it

would not affect any one which includes even the department. The prayer for mutual transfer would be between the employees of same level of the

post and set up apart from subject, if any.

(7) If the petitioners have already joined the postin pursuance of the orders under challenge, then their joining would not be taken adverse for disposal

of the representation and carrying out the directions given.

(8) Apart from the issues referred above, if anyother issue exists to seek change of the place of transfer, the petitioners would be at liberty to make a

representation showing the ground for it like posting of husband and wife at one place, illness, disability, retirement in few months or any such similar

ground.

(9) It is agreed that the representation would beconsidered by the department within a period of two months with necessary order. The writ petitions

stand disposed of with the aforesaid. A copy of this order be placed in each connected file.â€​

It is further contended that in view of the directions made by the Coordinate bench in the case of Smt. Rooplata Meena (supra); grievances of the

petitioners would be considered on the representation already submitted and/or representation submitted within one weeks hereinafter.

The proposal made is acceptable to the counsel for the petitioners.

Accordingly, the instant batch of writ applications is disposed off with the direction to the Staterespondents to consider various grievances raised by

the petitioners in their representation already filed/may be filed within the period aforesaid; in the backdrop of the terms and conditions, which have

been referred to and agreed upon in the case of Smt. Rooplata Meena (supra), which are reiterated.

In view of the above, the State-respondents are directed to do the needful while adjudicating upon the representation(s) of the petitioners as per the

terms and conditions, extracted herein above, in the case of Smt. Rooplata Meena (supra), which have been agreed upon by the parties. The State-

respondents would determine the representation(s), of the petitioners as expeditiously as possible, however, in no case later than two months from the

date a certified copy of this order along with representation(s) is presented.

In the cases where the petitioners have not been relieved, they may not be relieved until determination of the representation(s).

Needless to observe that in case, the petitioners are still aggrieved of the determination on their representation, they will be at liberty to avail of the

legal remedy in accordance with law.

With the observations and directions, as indicated above, the instant batch of writ applications is disposed off.â€​

It is further urged that instant writ application be disposed off in terms of the order dated 24th July, 2017, in the case of Prem Bai Meena (supra).

In view of the statement made; instant writ application is disposed off in terms of the order dated 24th July, 2017, in the case of Prem Bai Meena

(supra).