INDRA VIKRAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed against the impugned order dtd. 19/8/2019 whereby the petitioner was directed to be posted with the Elementary Education Department.

(2.) The brief facts of the case are that the petitioner was appointed as Teacher Grade-III with the Education Department. Vide order dtd. 26/9/2013, he was sent on deputation as PFT Manager/Coordinator to Rajasthan Gramin Aajivika Vikas Parishad (hereinafter referred to as 'Council'). The said order of deputation strictly mentioned that the deputation can be cancelled at any stage and delinquent would be required to join back his parent department with immediate effect. During the time when the petitioner was working on deputation with the Council, he was promoted as Teacher Grade-II vide order dtd. 3/12/2016 by his parent department. As the petitioner was working on deputation with the Council, he moved an application on 12/12/2016 to his parent department requesting for grant of proforma promotion. The same was not allowed and ultimately, he was relieved from his deputed department i.e. Council on 29/5/2019. After being relieved, the petitioner approached his parent department and vide order dtd. 19/8/2019, a direction was issued by the Competent Authority of the Secondary Education Department to the District Education Officer of the Elementary Education Department to provide an appropriate posting to the petitioner. Against the said order dtd. 19/8/2019, the present petition has been preferred.

(3.) It has been submitted by learned counsel for the petitioner that as he had been promoted as Teacher Grade-II vide order dtd. 3/12/2016, he could not have been directed to be posted with the Elementary Education Department. Learned counsel submitted that he ought to have been posted with the Secondary Education Department and the order impugned is bad in the eyes of law. Learned counsel submitted that as soon as the order of promotion dtd. 3/12/2016 was issued, he applied for proforma promotion on 12/12/2016 and the same ought to have been accepted by the respondent-parent department. Learned counsel submitted that similarly situated employees were granted the proforma promotion by the Department and for the same, he relied upon an office order dtd. 20/12/2016 whereby, the proforma promotion was granted to other employees (Annex. -5).