In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.10600/2010
Ramawatar Mali Versus State & Ors
(cognate cases)
Date of Order ::: 11/08/2010
Hon’ble Mr. Justice Ajay Rastogi
Mr. Rajendra Soni, Mr. Hanuman Choudhary,
Mr. Anoop Dhand, Mr. Banwari Sharma, Mr. Vijay Pathak,
Mr. Vijay Poonia, Mr. Prakash Thakuria, Rahul Kamwar,
Mr. Jyotish Kalathy, Mr. Ashindra Gautam,
Mr. Sumer Singh, Mr. Ashok Bansal, Mr. VS Badhwar,
Mr. Mohit Gupta, Mr. Praveen Sharma, Mr. Naveen Dhuwan,
Mr. Jitendra Pandey, Mr. SL Kumawat, Mr. Desraj Kalwania
Mr. Dileep Sinsinwar, Mr. Rajendra Pd Sharma &
Mrs Pankaj Sharma, for petitioners
Mr. SN Kumawat, AAG)
Mr. NA Naqvi, AAG) for respondents State
One of foremost contentions advanced on behalf of the petitioners is that once it has been held that State Government is not holding competence under the Scheme of Act, 1994 to transfer Teachers within the Panchayat Samiti from one institution to the other, District Education Officer to whom power has been delegated by State Government to regulate affairs of Zila Parishad U/s 84(10) which reads ad infra:
10. The District Elementary Education Officer shall act as Officer Incharge of Elementary Education for Zila Parishad and exercise such other powers and perform such other functions as are conferred upon, or assigned to, him by the State Government.
how far DEO holds competence as authorised officer of the State Government to transfer Teachers within the Panchayat Samiti under orders impugned.
Counsel for petitioners jointly submit that in most of cognate cases, some of the petitioners have been relieved and if interim orders are not passed, that will cause prejudice to each of them.
Government Counsel further submit that some of petitioners have joined at the respective places of posting under orders impugned.
Taking note of submissions made (supra), this Court considers it appropriate to direct that if such persons who have been relieved but have not joined at the places of posting under orders impugned, they may be permitted to resume back to their respective place from where they were transferred under orders impugned in respective cases and be allowed to continue till further orders.
However, it is made clear that in case of all other similar teachers who have been transferred within same Panchayat Samiti by DEO, need not file separate writ petition before this Court and pursuant to aforesaid interim orders, it is expected from the State Government to maintain status quo till further orders.
This order will apply in cognate cases enlisted today in CWP-10605/10, 10670/10, 10672/10, 10673/10, 10674/10, 10691/10, 10698/10, 10749/10, 10753/10, 10755/10, 10801/10, 10838/10, 10843/10, 10857/10, 10858/10, 10862/10, 10863/10, 10864/10, 10735/10, 10963/10, 10996/10, 10997/10, 11004/10, 11029/10, 11030/10, 11033/10, 11034/10, 11036/10, 11042/10, 11051/10, 11053/10, 11054/10, 11055/10, 11056/10, 11057/10, 11058/10, 11059/10, 11060/10, 11061/10, 11062/10, 11071/10, 11072/10, 11073/10, 11079/10, 11092/10, 11105/10, 11106/10, 11107/10, 11108/10, 11109/10, 11110/10, 11111/10, 11065/10, 10773/10, 10780/10, 11208/10, 11209/10, 11210/10, & 11212/10.
In all cognate cases (supra) wherein copies of writ petition has not yet been served, Counsel for petitioners are directed to supply Two sets of paper book of respective writ alongwith stay petition to Shri SN Kumawat, AAG, appearing on behalf of respondents State in such cases and receipt whereof be filed in the Registry forthwith.
List alongwith cognate cases on 25/08/2010 at 2 PM showing names of Shri SN Kumawat AAG & Shri NA Naqvi, AAG for respondents State under separate heading Transfer by DEO within same Panchayat Samiti.
(Ajay Rastogi), J.
K.Khatri/p3/
10600CW2010Aug11StySmePnchtDEO.doc