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2025 DAILYLAW 46797 (RAJ)

TARA SINGH S/O SHRI MOHAN SINGH v. STATE OF RAJASTHAN

CW/14138/2025 · 2025-10-16

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:42800] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14138/2025 Tara Singh S/o Shri Mohan Singh, Aged About 52 Years, R/o Choudhary Colony, Behind Panchayat Samiti, Nadbai, District Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Secretariat, Jaipur. 2. Director, Elementary Education, Bikaner 3. District Education Officer (Hq.), Elementary Education, Sawai Madhopur 4. Chief Block Elementary Education Officer, Panchayat Samiti, Hindaun City, Distt. Karauli 5. Panchayat Elementary Education Officer, Government Sr. Secondary School, Mahu Ibrahimpur, District Karauli. ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 1. Defects pointed out by the Registry is overruled. 2. Mr. Manoj Sharma, AAG accepts notice on behalf of respondents. 3. This writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate order or direction, the order dated 12.5.2025 may kindly be quashed and set- aside; the respondents may kindly be directed to re-calculate / re-assesse the probation [2025:RJ-JP:42800] (2 of 3) [CW-14138/2025] period and regularize the petitioner's service on completing two years' from the date of his initial appointment and accordingly grant him regular pay scale and summer vacations salary, with all consequential benefits alongwith interest @ 12% р.а. Any other appropriate order or direction, which this Hon'ble Court may deem just and proper in the facts of the present case, may also be passed in favour of the petitioner.” 4. During course of arguments, learned counsel for the petitioner has placed reliance upon judgment in case of Smt. Santosh Singhal Vs. State of Rajasthan & Ors. (order dated 30.04.2024 in S.B. Civil Writ Petition No.4492/2006), the order dated 18.12.2023 in the case of Prakash Veer Maan & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.20759/2018) and also order dated 20.01.2014 passed in the case of Yogesh Kumar Pareek Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3534/2009) and submits that the controversy raised herein is already settled. Learned counsel for petitioner submits that the petitioner may be granted permission to file an appropriate representation before the respondents-Authority to consider and resolve his grievances. 5. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioner in light of ratio as referred hereinabove but with a reasoned and speaking [2025:RJ-JP:42800] (3 of 3) [CW-14138/2025] order within a period of 30 days from date 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 is at liberty to approach this Court with fresh petition. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/235