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Judgment
By way of present writ petitions, petitioners have challenged the action of the respondent No.3, who has not relieved the petitioners to join at the
places where they have been transferred by way of order dated 04.01.2021.
Mr. Singh, learned counsel appearing for the respondent No.3 submits that the petitioners herein have not been relieved, in view of the order
No.45002 of even date, as the Director Secondary Education had ordered that the principals and lecturers working in Swami Vivekanand Government
Model School and Mahatma Gandhi School will not be relieved.
Mr. Jangid, learned counsel for the petitioners argued that petitioners’ term in such schools is over and as per the scheme, the respondents
cannot compel the petitioners to carry on with these assignments particularly when their term has come to an end. He argues that posting in Swami
Vivekanand Government Model School or Mahatma Gandhi School is on the basis of deputation and unless the concerned teacher wishes to continue
on such deputation, the respondents cannot compel them to continue. Respondents’ action of not relieving the petitioners is illegal and violative of
their fundamental rights, argues Mr. Jangid.
Mr. Singh, learned counsel appearing for respondent No.3 on instructions submits that the petitioners in these petitions will be relieved immediately
upon re-opening of the schools after the summer vacations.
Having regard to facts and circumstances of the case and considering spread of pandemic COVID-19 and scarcity of the teacher in schools, this
Court at this juncture, does not wish to pronounce upon petitioners’ rights and respondents’ corresponding duty to relieve them. The issue is
therefore kept open.
However, considering the submissions made by Mr. Singh, the present writ petitions are being disposed of with a direction to the respondent No.3 to
relieve the petitioners as early as possible, immediately on re-opening of schools, however not later than 30.06.2021.
It will be incumbent upon the respondent No.2-Director Secondary Education, Bikaner to provide joining to the petitioners in furtherance of their
respective transfer order dated 04.01.2021 immediately when they are relieved by respondent No.3.
In case on any difficulty, petitioners/respondents will be free to move appropriate application for modification of the present order.
Stay applications also stand disposed of.