2019 (1) TMI 2031 - HC - Indian Laws

Direction to District Education Officer, Primary Education, Udaipur that the petitioners be adjusted against the post of Teacher Gr.-III, Level-II - HELD THAT - In the case of SUKHLAL MEGHWAL S/O LOGAR LAL MEGHWAL VERSUS STATE OF RAJASTHAN, DIRECTOR, DEPARTMENT OF SECONDARY EDUCATION, GOVERNMENT OF RAJASTHAN, BIKANER, RAJASTHAN., JOINT DIRECTOR, SCHOOL EDUCATION, UDAIPUR DIVISION, UDAIPUR. 2018 (12) TMI 1981 - RAJASTHAN HIGH COURT this Court, inter alia, directed 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. The writ petition filed by the petitioners is also disposed of with the similar directions as given in the case of Sukhlal Meghwal.

Summary

Issues:
Petition challenging orders directing adjustment of petitioners against the post of Teacher Gr.-III, Level-II. Application of judgment in Sukhlal Meghwal case for redressal of grievance.

Analysis:
The writ petition was filed by the petitioners aggrieved against the orders directing their adjustment against the post of Teacher Gr.-III, Level-II. The counsel for the petitioners referred to a similar case, Sukhlal Meghwal v. State of Rajasthan & Ors., where the court had directed redressal of grievance raised by the petitioner. In the Sukhlal Meghwal case, the court directed the Joint Director, School Education, to treat the petitioner similarly with other teachers and pass an appropriate order, emphasizing the need for a speaking order addressing the petitioner's grievance within two weeks. The court allowed the petitioner to file a fresh representation if needed. The present writ petition was disposed of in line with the directions given in the Sukhlal Meghwal case, ensuring similar treatment and redressal of grievances for the petitioners.

This judgment highlights the importance of treating similarly situated individuals equally and addressing grievances promptly in matters concerning adjustments and postings in educational institutions. The court's reliance on past judgments and directions emphasizes consistency and fairness in administrative decisions affecting the rights and positions of individuals. The requirement for a speaking order ensures transparency and accountability in the decision-making process, safeguarding the interests of the petitioners and upholding principles of natural justice. The provision for filing a fresh representation underscores the court's commitment to providing avenues for recourse and ensuring that grievances are adequately addressed within a reasonable timeframe.

In conclusion, the judgment underscores the significance of upholding principles of equality, fairness, and procedural propriety in administrative decisions, particularly in the context of appointments and adjustments in educational institutions. By applying the directions given in the Sukhlal Meghwal case, the court ensures that the petitioners receive equitable treatment and that their grievances are redressed effectively, thereby promoting the rule of law and protecting the rights of individuals in matters of employment and service conditions.