S.B.CIVIL WRIT PETITION NO. 6236/2010 Smt. Sunita Sharma vs. State of Raj. & Ors. Order dt:: 13/7/2010 1/4 S.B.CIVIL WRIT PETITION NO. 6236/2010 (Smt. Sunita Sharma vs. State of Raj. & Ors.) DATE OF ORDER : 13/7/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Manoj Bhandari, for the petitioner. Mr.R.L.Jangid, Addl. Advocate General. 1. Mr.R.L.Jangid, Addl. Advocate General, who is present in Court, is directed to accept notice of this petition. He may be supplied two sets of writ petition during the course of the day. 2. Learned counsel for the petitioner submits that vide order dated 20/6/2010 (Annex.2) only under the Equalization Policy, the petitioner teacher was transferred from one school to another at item no. 267 from Panchwati, Udaipur Shahar to Hiran Magri Sector 11, Udaipur Shahar and by the impugned order dated 5/7/2010 (Anex.4) vide item no. 116 she has been again shifted from Hiran Magri Sector 11, Udaipur Shahar to Sallada, Sarada about 100 kms away. 3. Learned counsel for the petitioner submits that only twenty months are left for her superannuation, therefore, she falls within the S.B.CIVIL WRIT PETITION NO. 6236/2010 Smt. Sunita Sharma vs. State of Raj. & Ors. Order dt:: 13/7/2010 2/4 exception category of the Equalization Policy and she ought not to have been transferred. 4. Be that as it may, after hearing the learned counsels, this Court is of the opinion that it is a matter of representation to be made to the competent authority raising her grievances and point out the policy applicable to her and it is expected of the competent authority to objectively consider and decide such representation within a period of two weeks from the date of receipt thereof by a speaking order. Such writ petitions have already been disposed of by this Court on 5/7/2010 in the following terms:- 6. However, since the equalization policy recently announced by the State Government, which besides containing certain guidelines, also contains clause for making representation by the concerned teacher in case of any grievance, in the opinion of this Court, these writ petitions can be conveniently disposed of with a direction to the competent authority to decide the representations of the petitioners immediately. If such representation is already filed that may be decided and if not filed, the petitioners are at liberty S.B.CIVIL WRIT PETITION NO. 6236/2010 Smt. Sunita Sharma vs. State of Raj. & Ors. Order dt:: 13/7/2010 3/4 to either file copy of the writ petition itself, which would be considered as representation or a separate representation may be filed to the competent authority. The representation if filed within one week of passing of the impugned order or order of this Court, which ever is earlier shall be so considered and decided. 7. The said competent authority is directed to decide such representations of the concerned teachers by speaking order within a period of two weeks from the receipt of such representations. This Court is of the view that in view of the concern for education of the students at large and since a short time is given to the competent authority to decide such representation, till such representation is decided, the status quo with regard to petitioners joining at the transferred place deserves to be maintained. 8. Accordingly it is directed that if in pursuance of the transfer/absorption order, the petitioner concerned has joined at the new place of posting, he will remain there and status quo will be maintained and if the teacher/petitioner concerned has not been relieved from the earlier place of posting and not joined at the new place of posting, then such status quo would be maintained and he will be allowed to continuing to S.B.CIVIL WRIT PETITION NO. 6236/2010 Smt. Sunita Sharma vs. State of Raj. & Ors. Order dt:: 13/7/2010 4/4 discharge his duties at the earlier place of posting. However, soon upon decision of the representation, such petitioners or teachers would be liable to join at the transferred place, if such representation is rejected by a speaking order by the competent authority. 9. Those who have not approached this Court and have grievance with regard to their transfer, they can also make such representation to the competent authority within one week from today and it is not required to them to file writ petition for this purpose and such representation will also be decided by the competent authority within two weeks from the receipt thereof by speaking order and aforesaid order of status quo will also apply in their cases too. Sd/- (DR. VINEET KOTHARI), J.” 5. Accordingly, this writ petition is also disposed of in the same terms. (DR.VINEET KOTHARI), J. item no. c/2 baweja/-