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2025 DAILYLAW 46241 (RAJ)

PRADEEP KUMAR JHALA S/O MOHAN LAL JHALA v. STATE OF RAJASTHAN

CW/14756/2025 · 2025-10-15

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:42300] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14756/2025 Pradeep Kumar Jhala S/o Mohan Lal Jhala, Aged About 43 Years, R/o Jhala House, Bhanwata Road, Kuchaman City, District Didwana-Kuchaman, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Peeo And Principal, Govt. Sr. Secondary School, Deeppura, Block Kuchaman City, District Didwana- Kuchaman. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/10/2025 1. Instant writ petition preferred by petitioner with following prayer; (i) Issue an appropriate writ order or direction in the nature thereof thereby, Impugned Order dated 06.07.2025, Impugned Relieving Order dated 08.07.2025 passed by the respondents, Impugned Order dated 01.09.2025passed by the Rajasthan Civll Services Appellate Tribunal, Jaipur in Appeal No. 3463/2025 may kindly be quashed and set aside (ii) By issuing an appropriate writ, order or direction in the nature thereof, the impugned posting order [2025:RJ-JP:42300] (2 of 3) [CW-14756/2025] 12.04.2025 (Annex.3) which fails to provide equal opportunity in posting on the basis of a single selection list, and also violates the established fair process of seniority as well as the fundamental rights under Article 14, 16(1) of the Constitution granted to the petitioner be quashed to the extent of the petitioner. (iii) By issuing an appropriate writ, order or direction in the nature thereof, the respondents be directed to issue new posting order qua the petitioner posting him at one of the following vacant posts so that the unjust situation arising in clear violation of the petitioner's fundamental rights 14 and 16(1) given by the constitution and against natural justice due to posting of junior personnel with seniority number 11291 in the petitioner's home block can be positively resolved (a) Government Jawahar Senior Secondary School, Kuchaman City (219980) (b) Shaheed Bajrang Singh Government Senior Secondary School Kukanwali (219938) (c) Kasturmal Kundanmal Jain GSSS Panchwa, Kuchaman City (219961) 2. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondent within a period of four weeks from now raising all grounds. The respondents are directed to decide the representation with a reasoned and speaking order within a period of 4 weeks from date [2025:RJ-JP:42300] (3 of 3) [CW-14756/2025] of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has right to re-approach the court with fresh petition. 3. Accordingly, the writ petition with pending application, if any, stands disposed. (ASHOK KUMAR JAIN),J GAURAV /31