[2025:RJ-JP:49883]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19237/2025 Sunil Kumar Sharma S/o Late Sohan Lal Sharma, aged about 57 Years, R/o House No.173, Scheme No.1, Arya Nagar, Alwar, District Alwar-301001.

----Petitioner Versus

1. State of Rajasthan through its Principal Secretary, Education Department, Government of Rajasthan, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Bikaner, Rajasthan.

----Respondents For Petitioner(s) : Mr. Tanmay Dhand For Respondent(s) : Mr. Vishal Kumar with Ms. Pooja Sharma, AAAG for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

08/12/2025

1. Instant writ petition has been filed by the petitioner with following prayer:-

"Hence prayed that Your Lordships may graciously be pleased to accept and allow this writ petition and further be pleased:-

(i) By an appropriate writ, order or directions, the transfer order dated 22.09.2025 (Annexure-3) to the extent of the Petitioner may kindly be quashed and set-aside.

(ii) By an appropriate writ, order or directions the reliving order dated 1.10.2025 (Annexure-6) to the extent of the petitioner mat kindly be quashed and set-aside.

(iii) By an appropriate writ, order or directions, the Petitioner may kindly be allowed to serve within the same district as the spouse.

(iv) Any other appropriate writ, order or directions which are deemed just and proper may also be passed in favour of 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. Special Appeal Writ No.332/2025 (Pradeep Kumar Vs. State of Rajasthan & Ors.) submits that the wife of the petitioner is posted in the District of Alwar and the present petitioner is transferred from Office of District Institute for Education and Training (DIET), Alwar to Govt. Senior Secondary School, Dhorr Dhaulpur. 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 counsel appearing on behalf of the respondents and they submitted 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 GARIMA/209