[2025:RJ-JP:50052]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18226/2025 Rajpal S/o Shri Rajendra Prasad Bhukar, Aged About 44 Years, R/o- Village- Gothra Bhukran, Via-Kudan , District- Sikar (Raj.)

----Petitioner-Appellant Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of School Education, Govt Of Rajasthan Secretariat, Jaipur

2. Director, Secondary Education Rajasthan, Lalgarh Palace, Bikaner .

3. Mahendra Singh Gaur, Principal , Govt. Sr.sec. School, Jewaliyawas, District- Didwana-Kuchaman (Raj).

----Respondents For Petitioner(s) : Mr. Sandeep Singh Tanwar For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

26/11/2025

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

“1. The impugned order dated 04.11.2025 passed by Hon’ble Rajasthan civil services appellate tribunal, jaipur whereby directed the competent authority to dispose of the representation within the next four weeks, may kindly be quashed and set aside.

2. The impugned transfer order dated 22.09.2025 and impugned relieving order dated 23.09.2025, may kindly be quashed and set aside.

3. The respondents may kindly be directed to permit the petitioner to continue at the present place of posting i.e. on the post of Principal at Govt. senior secondary school, Kashi ka bas, District Sikar, in the interest of justice.

4. Any other order which this Hon’ble Court deems just and proper in the facts and circumstances of the case 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. 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 Sikar and the present petitioner is transferred from Govt. Senior Secondary School, Kashi Ka Bas, District Sikar to Govt. Sr. Secondary School, Jewaliyawas, Distt. Didweana- Kuchaman to accommodate respondent No.3. 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. He also placed reliance upon order dated 04.11.2025 in SB CWP No.16789/2025 Kiran Vs. State of Rajasthan and Ors.

3. Aforesaid contentions were opposed by learned counsel 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 order, 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 and relieving order dated 23.09.2025 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 MR/50