2018 (12) TMI 1981 - HC - Indian Laws

Adjustment of petitioner against the post of Teacher Grade III (Level-2) and be paid his due salary from August, 2018 - HELD THAT - In the overall circumstances of the case, wherein the petitioner has, relying on various circulars issued by the respondents themselves and orders, wherein the said circulars/instructions have been complied with, whereas the petitioner has been dealt with differently vide order dated 27.11.2018 (Annex.-9) and representations made by the petitioner are pending consideration with the respondents and so far as order pursuant to the impugned order dated 27.11.2018, has not been issued, the respondents i.e. the Joint Director, School Education, Udaipur Division, Udaipur is directed to look into the various applicable circulars and orders passed in this regard qua other Teachers and treat the petitioner similarly with those Teachers and pass appropriate order. It would be required of the Joint Director, School Education, Udaipur Division, Udaipur to pass a speaking order dealing with the grievance of the petitioner. Petition disposed off.

Summary

Issues:
Petitioner aggrieved against order for adjustment and payment of salary - Allegation of discrimination in adjustment against Teacher Grade - III (Level-2) - Failure to consider representations for adjustment as Senior Teacher/Headmaster - Compliance with circulars and instructions - Pending representations - Direction for reconsideration and issuance of appropriate order.

Analysis:
The petitioner filed a writ petition challenging an order directing adjustment against the post of Teacher Grade - III (Level-2) and payment of due salary from August, 2018. The petitioner contended that despite relying on circulars allowing adjustment as Senior Teacher/Headmaster on 'Patey Vetan', a discriminatory order was issued for his adjustment. It was argued that repeated representations and identification of vacant positions for adjustment were ignored by the respondents, leading to the impugned order dated 27.11.2018.

The court noted the petitioner's reliance on circulars and instructions issued by the respondents, which were followed in the adjustment of other teachers. The petitioner's case was treated differently, warranting a direction for the Joint Director, School Education, Udaipur Division, to review the applicable circulars and orders and treat the petitioner similarly to other teachers. The court emphasized the need for a speaking order addressing the petitioner's grievance and instructed the respondents to take necessary action within two weeks.

Furthermore, the court allowed the petitioner to submit a fresh representation if needed. The writ petition was disposed of with the stated observations and directions, emphasizing the importance of treating the petitioner in accordance with relevant circulars and ensuring a fair adjustment process. The judgment aimed to rectify the alleged discriminatory treatment and ensure compliance with established procedures for adjustment and payment of salary.