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2026 DAILYLAW 9972 (RAJ)

KULDEEP SHARMA S/O SHRI SHYAM SUNDER SHARMA v. STATE OF RAJASTHAN

CW/15076/2020 · 2026-07-10

Rekha Borana

body2026

Judgment text

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[2026:RJ-JP:26031] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15076/2020 URN: CW / 28793U / 2020 Kuldeep Sharma S/o Shri Shyam Sunder Sharma, Aged About 48 Years, Resident Of C-108, Arg Puram, Heerawala Nayal Road, Tehsil Bassi, District Jaipur 303012 (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education, Government Of Rajasthan, Government Secretariat, Jaipur (Raj) 2. The Commissioner And State Project Director, Rajasthan School Shiksha Parishad, Shiksha Sankul, Jaipur 3. Chief District Education Officer, School Education Shiksha Sankul, District Jaipur 4. The Additional District Project Coordinator, Samagra Shiksha, Jaipur Shiksha Sankul, Jaipur ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad Mr. S. Mohd. Umar Alam For Respondent(s) : Mr. Rajneesh Gupta Mr. Rahul Sharma Ms. Chanchal Mr. Bhavya Kala for Mr. Devansh Sharma, Dy.G.C. HON'BLE MS. JUSTICE REKHA BORANA Order 10/07/2026 1. The matter comes upon an application under Article 226(3) of the Constitution of India, filed on behalf of the respondents for vacation of interim order dated 11.01.2021. 2. With the consent of both the Counsels, the matter has been heard finally. 3. The present writ petition has been filed with the following prayers: [2026:RJ-JP:26031] (2 of 3) [CW-15076/2020] “(i) The respondents may be directed to allow the humble petitioner to discharge his duties which he was discharging for last 15 years in the office of the Additional District Project Coordinator, Jaipur as Manager Information System on which he was working and if anybody is to be removed then the respondents may be directed to follow the principle of last come first go. (ii) That the impugned action of the respondents in allowing the persons appointed subsequent to the petitioner to continue may be declared as an arbitrary and illegal act on the part of the respondents, in the interest of justice. (iii) The respondents may also be directed to make payment of the salary of last 05 months to the humble petitioner with interest @9% p.a. (iv) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may also be passed in favour of the Petitioner.” 4. The issue is that the petitioner who had been working with the office of the Additional District Project Coordinator, Samagra Shiksha, Jaipur Shiksha Sankul, Jaipur had been directed to work with the office of Chief District Education Officer, School Education, Shiksha Sankul, District Jaipur (CDEO). The case of the petitioner is that he was not provided the appropriate infrastructure at the office of CDEO and neither was the salary been paid to him. 5. Per contra Counsel for the respondents submits that after the interim order been passed, the petitioner did not put his appearance at the office of CDEO and it is only for the said reason that the salary was not paid to him. However, after the interim order been passed, he is putting in service at the said office. 6. After hearing the Counsels and perusing the record, it is evident that vide interim order dated 11.01.2021, the petitioner has been allowed to mark his attendance in the office of CDEO i.e. the office to which the respondents had placed him. In that [2026:RJ-JP:26031] (3 of 3) [CW-15076/2020] circumstance, no case for vacation of the said interim order is made out as it is not that vide the said order the petitioner has been permitted to work at his original place of posting. 7. The application is hence dismissed. 8. Counsel for the petitioner submits that the petitioner is ready and willing to continue at the office of CDEO, Jaipur. However, appropriate directions be issued that the salary be paid to him regularly qua the said post. 9. Counsel for the respondents does not object to the said submission. 10. In view of the above, the present writ petition is disposed of with the direction that the petitioner shall be permitted to continue with the office of Chief District Education Officer, School Education, Shiksha Sankul, District Jaipur and salary qua the said post shall be paid to him in accordance with law. The arrears of salary, if any, shall also be paid to him within a period of two months from the date of receipt of the copy of the present order. 11. Stay application and pending application(s), if any, stand disposed of. (REKHA BORANA),J 108/SHIVAM