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Judgment
Arun Monga, J
Vide this common order, the aforesaid bunch is being disposed of together as not only the facts involved are similar, but even the issue therein is akin.
Under challenge herein, by the petitioners, are their respective orders, vide which they were declared surplus as teachers and subsequent thereto, they have been transferred. Both the orders i.e. declaring surplus as well as the transfer are assailed by all of them. Thus, the individual facts of the petitioners are of not much significance and are not being gone into.
Vide order dated 29.01.2025, learned Advocate General sought time to file a comprehensive affidavit for better assistance of the Court. The said order being apposite, which is reproduced herein-below :-
“Learned Advocate General states that instead of filing individual replies to the petitions, since the issue involved in the aforesaid bunch is same, a comprehensive affidavit is proposed to be filed for better assistance of the Court and seeks a short accommodation.
Post on 12.02.2025.
Needful be done in the meanwhile.
Last opportunity is granted to the various petitioners who have still not served the copies of their petitions to the learned Assisting Counsel Mr. Anirudh Singh Shekhawat, who has pointed out in course of hearing that out of the aforesaid bunch, only 29 petitions have been served.
In case service is not effected within one week from today, all those cases shall be dismissed for non-prosecution.
Interim order shall continue till then.”
Apropos, on resumed hearing today, a copy of proposed additional affidavit has been tendered in the course of hearing, which is taken on record. The relevant extract thereof is as below :-
“11. That even though the upgradation of Elementary Education Schools was made, but appropriate orders under rule 6(3) were not yet passed which would be done separately, however as per staffing pattern, those found surplus in those upgraded Secondary Schools were sent to be placed at the disposal of Elementary Education Department i.e. District Education Officer (Headquarter) Primary Education and thereafter the District Education Officer (Headquarter) Primary Education passed order for their posting in different schools in the light of the circular dated 14.11.2024, a copy of the circular dated 14.11.2024 is annexed herewith and marked as Annexure R/7. That the circular dated 14.11.2024 is very elaborate and has been followed strictly.
That as per section 84(10) of the Panchayati Raj Act 1994 the District Elementary Education Officer acts as officer in-charge for Elementary Education for Zila Parishad and exercise such other powers and performs such other functions as are conferred upon, or assigned to, him by the State Government. That Section 84(10) has been reproduced herein for the kind perusal of the court:
Power and functions of the Chief Executive Officer and other Officer.
(10). The District Elementary Education Officer shall act as officer in charge of elementary education for Zila Parishad and exercise such other powers and perform such other functions as are conferred upon, or assigned to him by the State Government.
That it is very relevant to mention here that insofar as Prabodhak are concerned they are all members of Elementary Education and for them Rajasthan Panchayati Raj Prabodhak Service Rules 2008 were enacted and their appointing authority under Section 2-Definition-(a) has been defined as Additional Chief Executive Officer cum District Education Officer (Elementary Education) of the concerned district. It is also important to note that in so far Prabodhak or Senior Prabodhak is concerned as per the decision taken on 06.03.2018 the Prabodhak Level 1, Prabodhak Level 2 and Prabodhak Physical Education have been equated with Teacher Level 1, Teacher Level 2 and Teacher Physical Education respectively, and their posts have been held to be mutually interchangeable. That in addition thereto their transfers are also to be made in the same manner as done with regard to the aforesaid category of teachers, a copy of the circular dated 06.03.2018 is annexed herewith and marked as Annexure R/8.
That it is very pertinent to mention here that for the purpose of deciding the representations of the adjustment of surplus employees by the department, a Complaint Committee was constituted, vide order dated 09.12.2024. That the order dated 09.10.2024 is annexed herewith and marked as Annexure R/9.”
Having gone through the additional affidavit filed by learned Advocate General, it transpires that the respondents vide order dated 09.12.2024 (Annex.-R/9) have already constituted a grievance committee both at District and Division level under the Chairmanship of Chief District Education Officer and Joint Director (School Education) of Concerned Division respectively, of which following are the members :-
District Level :
Sr.No.
Name of Post
Role in committee
1.
Chief District Education Officer
Chairman
2.
District Education Officer (HQ) Secondary Education
Member
3.
District Education Officer (HQ) Elementary Education
Member
4.
Additional District Education Officer (HQ) Secondary /
Member Secretary
Elementary Education
Division Level :
Sr.No.
Name of Post
Role in committee
1.
Joint Director (School education) concerned division
Chairman
2.
Deputy Director (Mahatma Gandhi Block) Office of
Member
Joint Director – Concerned Division
3.
Chief Block Education Officer of Division Head
Member
Quarter
4.
Assistant Director, office of Joint Director – Concerned
Member Secretary
Division
5.2 Furthermore, a perusal of circular dated 06.03.2018 (Annex.R/8) reveals that as a precursor to taking any further steps, a high level committee was constituted, of which Secretary, Joint Secretary, Deputy Secretary, Additional Director, Senior Joint Legal Advisor, Deputy Commissioner, Deputy Director, Assistant Accountant & Section Officer were the constituted members. They held their meeting on 22.02.2018 and rendered a report to lay down broad criteria and the same is to be made applicable across board to consider the individual cases of various Prabodhaks / Teachers, who have any grievance, if any, of being declared surplus and/or subsequent transfers carried out as a consequence thereof.
Likewise, the Directors of both the Directorates i.e. Elementary and Secondary Education vide an order dated 14.11.2024 (Annex.-R/7) took a decision with regard to the
parameters, which will be applied across board to various Prabodhaks and Teachers for carrying out the exercise of being declared surplus and subsequent transfers to be carried thereafter.
Be that as it may, the aforesaid minutes of the meeting dated 22.02.2018 (Annex.R/8) as well as the joint decision dated 14.11.2024 (Annex.R/7) taken by both the Directors are not under challenge before this Court. In case, petitioners have any grievance qua the same, they are at liberty to take appropriate steps, if so advised.
Suffice, for the purpose of disposal of this bunch of petitions, in view of the grievance committees having been constituted, the petitioners are at liberty to file their individual representations by bringing out the grievances, which shall be looked into in accordance with law and the applicable policy as well as the minutes of the meeting, as expeditiously as possible.
Petitioners are accorded 30 days’ period to approach the aforesaid grievance committee concerned and till then, the interim protection granted by this Court shall continue to enure to their advantage and for any further orders, the grievance committee shall be at liberty to take appropriate steps.
In case, petitioners are aggrieved against the decision taken by the grievance committee, needless to say, they can seek their remedy in accordance with law.
With these observations, the aforementioned bunch of petitions are disposed of.
All pending applications also stand disposed of.