Court orders reevaluation of teacher's case, stresses fair treatment and compliance with established procedures

The court directed the Joint Director, School Education, Udaipur Division, to reconsider the petitioner's case in line with circulars and treat them similarly to other teachers. The respondents were instructed to issue a speaking order addressing the petitioner's grievance within two weeks, emphasizing fair treatment and compliance with established procedures for adjustment and payment of salary. The petitioner was allowed to submit a fresh representation if necessary, with the judgment aiming to rectify alleged discriminatory treatment and ensure adherence to relevant circulars.

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Issues:
Petitioner aggrieved against order for adjustment and payment of salary - Allegation of discrimination in adjustment against Teacher Grade - III (Level-2) - Failure to consider representations for adjustment as Senior Teacher/Headmaster - Compliance with circulars and instructions - Pending representations - Direction for reconsideration and issuance of appropriate order.

Analysis:
The petitioner filed a writ petition challenging an order directing adjustment against the post of Teacher Grade - III (Level-2) and payment of due salary from August, 2018. The petitioner contended that despite relying on circulars allowing adjustment as Senior Teacher/Headmaster on 'Patey Vetan', a discriminatory order was issued for his adjustment. It was argued that repeated representations and identification of vacant positions for adjustment were ignored by the respondents, leading to the impugned order dated 27.11.2018.

The court noted the petitioner's reliance on circulars and instructions issued by the respondents, which were followed in the adjustment of other teachers. The petitioner's case was treated differently, warranting a direction for the Joint Director, School Education, Udaipur Division, to review the applicable circulars and orders and treat the petitioner similarly to other teachers. The court emphasized the need for a speaking order addressing the petitioner's grievance and instructed the respondents to take necessary action within two weeks.

Furthermore, the court allowed the petitioner to submit a fresh representation if needed. The writ petition was disposed of with the stated observations and directions, emphasizing the importance of treating the petitioner in accordance with relevant circulars and ensuring a fair adjustment process. The judgment aimed to rectify the alleged discriminatory treatment and ensure compliance with established procedures for adjustment and payment of salary.

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