Appellate tribunals cannot decline to adjudicate service-related appeals on their merits by misinterpreting procedural court directions as substantive judgments. A direction to file a representation is not an adjudication on merits, and its rejection creates a fresh cause of action requiring the appellate forum to exercise its jurisdiction.

JUDGMENT :

ANAND SHARMA, J.

1. Petitioner has filed this writ petition with following prayer:-

It is therefore, most respectfully prayed that this Hon'ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to:

i) By an appropriate writ, order and direction, the Impugned order dated 22.09.2025 and rejection order dated 26.2.2026 & relieving order dated 28.2.2026 (Annex. 1, 7 & 8) passed by the respondents and Impugned Order dated 17.3.2026 (Annex. 11) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 897/2026 may kindly be quashed and set aside

ii) By an appropriate writ, order and direction, the respondents be directed to continue the petitioner on the post of Principal in Govt. Senior Secondary School, Sanku Block Laxmangarh District Sikar.

iii) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.

2. It is stated that the petitioner is holding the post of Principal, Senior Secondary School. Vide order dated 22.09.2025 passed by Director Secondary Education Rajasthan, Bikaner, the petitioner was transferred from Government Senior Secondary School, Sankhu, District Sikar to Government Senior Secondary School, Joga, District Jaisalmer.

3. Learned counsel for the petitioner submits that feeling aggrieved by order dated 22.09.2025, the petitioner filed S.B. Civil Writ Petition No.17336/2025 before this Court, which was disposed of vide order dated 14.11.2025 after recording the submission of the petitioner that his wife is also a Government Servant and is posted in District Sikar, therefore, instead of deciding the writ petition on merits, Co-ordinate Bench of this Court vide order dated 14.11.2025 granted liberty to the petitioner to submit a representation to the respondent-authority raising all grounds and respondent-authorities were directed to decide the representation within a period of 30 days from date of receipt of representation. It was also directed in order dated 14.11.2025 that in the meanwhile and till disposal of the writ petition, operation of transfer order/relieve order shall remain stayed.

4. It is stated that in compliance of order dated 14.11.2025 passed by the Co-ordinate Bench of this Court, the petitioner submitted a representation dated 13.12.2025 before the Director Secondary Education raising his grievances against the transfer order. However, the representation was rejected vide order dated 26.02.2026 by giving irrational findings.

5. Learned counsel submits that under these circumstances, against order of rejection of representation dated 26.02.2026, the petitioner approached Rajasthan Civil Services Appellate Tribunal, Jaipur by way of filing appeal No.897/2026. In that appeal after filing reply by the respondent-department final order was passed on 17.03.2026 by the Tribunal for rejecting the appeal filed by the petitioner-appellant.

6. Learned counsel submits that order dated 17.03.2026 passed by the Tribunal suffers from jurisdictional error and material illegality. Learned counsel submits that a finding has been given by the Tribunal that grievance of the petitioner against the transfer order was already raised by him by way of filing writ petition before this Court, which has already been decided on merits and, therefore, on the same ground, no challenge can be raised by the petitioner against the same transfer order. Le