[2025:RJ-JP:49762]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 18955/2025

Krishan Kumar, Son Of Late Shri Neki Ram, Aged About 42 Years, Resident Of Village And Post Jat Behror, Tehsil Mundawar,

District Khairtahl-Tijara

----Petitioner

Versus

1. State Of Rajasthan, Through The Principal Secretary,

Department Of Education, Government Of Rajasthan,

Government Secretariat, Jaipur

2. The Director, Secondary Education, Rajasthan, Bikaner

3. The Principal, Government Senior Secondary School,

Radawas, Block Shahpura, District Jaipur

4. Babu Lal Jat Son Of Not Known, Presently Under

Transferred And Posted At Government Senior Secondary

School, Radawas, Block Shahpura, District Jaipur

----Respondents

For Petitioner(s) : Mr. Pradeep Kalwaniya

For Respondent(s) : Mr. Manoj Sharma, AAG

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

05/12/2025

1. Instant writ petition has been filed by the petitioner with

following prayer:-

i) By issue of an appropriate writ, order or direction in the nature thereof quash and set aside the impugned transfer order dated 22.09.2025 (Annexure-1) issued by the Director, Secondary Education, Rajasthan, Bikaner in so far as the transfer of the Petitioner is concerned and direct the Respondents to allow the Petitioner to continue to work as Principal at Government Senior Secondary School, Radawas, Block Shahpur, District Jaipur

and;

(b) by issue of an appropriate writ, order or direction in the nature thereof and quash and set aside the relieving order dated 24.09.2025 (Annexure-2) issued by the Respondent No.3;

(c) Award cost of this writ petition to the Petitioners; and (d) award such other and further relief/s, as may be deemed just and expedient in the facts and circumstances of the present so as to give full relief to the Petitioner.

2. Learned counsel for the petitioner while placing reliance upon order dated 27.02.2025 passed by the Division Bench of this Court at Principal Seat, Jodhpur in D.B. Spl. Appl. Writ No.332/2025 : Pradeep Kumar Vs. State of Rajasthan and Ors. submits that the wife of the petitioner is posted in the District of Jaipur and the present petitioner is transferred from Government Senior Secondary School Radawa, Shahpura Block, District Jaipur to PM Shri Government Senior Secondary School, Devmagri, Beawar, District Beawar. He also submits that it is duty of the respondents that the petitioner be transferred to the same place where his wife is working, who is also a Government servant.

3. Aforesaid contentions were opposed by learned AAG appearing on behalf of the respondents and he submits that due to administrative exigency the transfer has been effected but considering the grievance as raised by the petitioner, the petitioner is free to make a representation to the Department, which will consider the representation on the grounds raised by the petitioner and this petition can be disposed at this stage.

4. Heard learned counsel for the parties.

5. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.

6. In the meanwhile, impugned order dated 22.09.2025 qua the present petitioner shall remain stayed till disposal of the representation, by the respondents.

7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J GAURAV /410 Powerd by TCPDF (w.tcpdf.org)