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2023 Supreme(Online)(RAJ) 5198

HIGH COURT OF RAJASTHAN
KUSUM PARIHAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW/16337/2021



(1 of 2)

[CW-16337/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 16337/2021

Kusum Parihar D/o Shri Prahlad Singh, Aged About 54 Years, R/o

Village Tokar, Tehsil Sarada, District Udaipur, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Department

Of Education, Government Of Rajasthan, Jaipur,

Rajasthan.

2.

The Director, Secondary Education, Bikaner, District

Bikaner, Rajasthan.

3.

The Joint Director (School Education), Udaipur Division,

District Udaipur, Rajasthan.

4.

The District Education Officer (Headquarter), Secondary

Education, Udaipur, District Udaipur, Rajasthan.

5.

The Chief Block Education Officer, Panchayat Samiti

Semari, District Udaipur, Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Kailash Jangid

For Respondent(s)

:

Mr. Vishal Jangid, Dy. GC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

18/01/2023

1.

By way of the present writ petition, the petitioner has

challenged the transfer order dated 25.09.2021 and relieving

order dated 12.11.2021.

2.

On 23.11.2021, this Court while issuing notices, had stayed

the order impugned; pursuant to the interim order the petitioner

has been allowed to continue at the place where he/she was

posted prior to passing of the order under challenge.

(2 of 2)

[CW-16337/2021]

3.

Even if there was any valid ground to transfer the petitioner

in the interest of administration, due to change in circumstances

and passage of sufficiently long time, the expediency must have

withered away or ceased to exist by now.

4.

Hence, the interim order is made absolute and it is hereby

ordered that impugned transfer order will not be given effect to.

5.

The respondent shall however be free to pass fresh order

and transfer the petitioner, in accordance with law, obviously, if

administrative exigency so warrants.

6.

With these directions/observations, the writ petition as well

as stay petition stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

112-Sudheer/-

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