[2025:RJ-JP:42842]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16216/2025 Gopal Lal Meena S/o Shri Bhonri Lal Meena, Aged About 59 Years, R/o Chandpur Nangal Rajawatan, Po Nangal Rajawatan, Dist. Dausa, Rajasthan-303505 (Employee Id Rjda1990130165490)

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of School Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Director Secondary Education, Government Of Ra-

jasthan, Bikaner.

3. Bhagwan Sahay Meena, Principal, Government Senior Secondary School, Nangal, Rajawatan, Dausa (218046)

----Respondents For Petitioner(s) : Mr. Movil Jeenwal for Mr. Ajatshatru Meena For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. S.M. Sharma Ms. Pooja Sharma Mr. Vishal Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Judgment / Order

17/10/2025

1. Instant writ petition has been preferred with following prayer;

(A) To quash and set aside the impugned transfer order dated 22.09.2025 qua the petitioner (Serial No. 1700), whereby he has been transferred from the post of Principal, PM Shri Govt. Senior Secondary School Nangal, Rajawatan (218046), District Dausa to the post of Principal, Mahatma Gandhi Government School, Pipron (217496), District Dholpur; Annexure P/1 and/or (B) To, direct the respondents to permit the petitioner to continue and discharge his duties as Principal, PM Shri Government Senior Secondary School, Nangal, Rajawatan (218046), District Dausa till his superannuation on 31.07.2026; and/or (C)To direct the respondent No.3 to handover the charge to the petitioner to post of Principal, PM Shri Government Senior Secondary School, Nangal, Rajawatan (218046), District Dausa; and/or

2. Learned counsel for petitioner while placing reliance upon judgment in case of Om Prakash Chopra Vs. State of Rajasthan in S.B. Civil Writ Petition No.15799/2025 (order dated 03.09.2025), Jhabar Singh Vs. State of Rajasthan in D.B. Civil Writ Petition No.237/2025 (order dated 27.03.2025) and Pushpa Mehta Vs. State of Rajasthan in Civil Special Appeal No.1430/1999 and submits that the date of birth of present petitioner is 03.07.1966 and in another 8 months, he will be superannuated on 31.07.2026 from the service but the respondents have transferred him from Government Senior Secondary School, Nangal, Rajwatan, District Dausa.

3. Learned AAG while placing reliance upon judgment in case of Sultan Singh Sahu Vs. State of Rajasthan in S.B. Civil Writ Petition No.18959/2025 (order dated 16.10.2025) passed by a Coordinate Bench at Principal Seat, Jodhpur submits that petitioner has no right to claim transfer at particular place rather the petitioner is transferred on the basis of administrative exigencies. He also submits that if petitioner is on verge of retirement in another 8 months then he can submit a representation. He further undertake that the representation will be considered by the Department and will pass an appropriate order under intimation to the petitioner. He further submits that till the time, the order may be stayed by Hon’ble Court.

4. Having considered the submission and also considering the judgments as referred hereinabove, by both the parties, the writ petition is disposed of with liberty to petitioner to submits representation to the respondent No.2 within a period of 2 weeks though through speed post or by E-mail. On receipt of representation, the respondent No.2 shall consider the representation on the basis of ground as referred in the representation and decide the same within 4 weeks of receipt of representation and communicate the decision to the petitioner by speed post or by E-mail, if petitioner has provided E-mail in his representation.

5. The petitioner may re-approach the Court or any other Forum as provided under the law, if he is aggrieved of the decision of respondent No.2

6. In the meanwhile, the transfer order dated 22.09.2025 shall remain stayed till disposal of representation by the respondent No.2.

7. T