When a teacher is appointed to the same post in a different district, the determination regarding the necessity of a fresh probation period and the counting of past service shall be decided in accordance with law and established judicial precedents.

Order

03/02/2026

1. The instant writ petition has been filed with the following

prayers:-

“(i) By an appropriate writ order or direction, the

respondents may kindly be directed not to compel the

petitioner to undergo probation period of two years

once again for the same post i.e. Teacher Grade-III

Level-1 in pursuant to the order dated 13.02.2019

(Annexure-4).

(ii) By an appropriate writ order or direction, the

respondents may kindly be directed to relieve the

petitioner after due procedure and while giving benefits

of past service and the respondents may kindly be

directed to transfer the Employee-ID of the petitioner

and to issue L.P.C. and to send the Service Book of the

petitioner after completing the entries to the present

appointing authority of the petitioner.

(iii) By an appropriate writ order or direction, that the

respondents may kindly be directed to relive the

petitioner from last joining post to join newly allotted

post and to with counting of past service of the

petitioner which he served during his last post in

pursuance of advertisement 2016.

(iv) Any other relief which the Hon'ble Court considers

just and proper in the facts and circumstances of the

case may kindly be granted in favour of the petitioner.

(v) Costs of the writ petition may kindly be awarded to

the petitioner.”

2. Brief facts of the case, as stated in the writ petition, are that

the petitioner, after due process of selection, was appointed as

Teacher Grade-III Level-I vide appointment order dated

05.10.2017 and was posted at Government Primary School,

Kamrudeen Ki Dhani, Panchayat Samiti Kalyanpur, District Barmer.

Pursuant thereto, the Block Elementary Education Officer,

Kalyanpur directed the concerned Headmaster to permit the

petitioner to join, and accordingly, the petitioner joined his duties

on 07.10.2017. Subsequently, the Block Development Officer,

(Uploaded on 03/02/2026 at 04:27:32 PM)

(Downloaded on 10/02/2026 at 12:37:47 AM)

[2026:RJ-JD:5989] (3 of 4) [CW-2506/2019]

Panchayat Samiti issued an order dated 13.02.2019 pursuant to

the allotment made by Zila Parishad, Ajmer, directing the

petitioner to join at the newly allotted place by 28.02.2019, failing

which his candidature was liable to be rejected. It is relevant to

note that vide letters dated 12.02.2019, the respondents clarified

that joining was to be permitted only to those candidates who had

obtained NOC from the concerned department on or before the

last date of application, i.e., 07.05.2018. The petitioner fulfills the

said condition, having obtained the requisite NOC within the

stipulated time. As the petitioner is already serving on the same

post and is nearing completion of his probation period, he applied

for being relieved to enable him to join at the newly allotted post.

However, the respondents have neither relieved the petitioner nor

acted upon his application and are instead compelling him to

resign, which would result in forfeiture of his past service.

Aggrieved thereby, the petitioner has approached this Hon’ble

Court.

3. Learned counsel for the petitioner at the very outset submits

that the issue involved in the writ petition is squarely covered by

the order dated 11.12.2024 passed by the Coordinate Bench of

this Court in SBCWP No.20453/2024 : Preeti Prahladka Vs. State

of Rajasthan & Ors., wherein, the writ petition was disposed of

with a direction to the competent authority to decide the

petitioner’s representation in accordance with law, keeping in view

the judgment in Dhanraj Meena vs. State of Rajasthan & Ors.

(S.B. Civil Writ Petition No.12846/2017).

4. Learned counsel for the respondents is not in a position to

controvert the said submission.

(Uploaded on 03/02/2026 at 04:27:32 PM)

(Downloaded on 10/02/2026 at 12:37:47 AM)

[2026:RJ-JD:598