[2025:RJ-JP:49305]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18414/2025 Garima Chahar W/o Shri Naresh Kumar, Aged About 48 Years, R/o A-11, Riico Residential Colony, Jhunjhunu, At Present Posted As Principal Pm Shri Seth Durgadutt Jatiya Govt. Senior Secondary School, Ward No. 25, Bissau, Jhunjhunu, Rajasthan (Rjjj200823011779)

----Petitioner Versus

1. Secretary, School Education Department, Rajasthan, Bikaner.

2. Director, Secondary Education, Rajasthan, Bikaner.

3. Principal, Pm Shri Seth Durgadutt Jatiya Govt. Senior Secondary School, Ward No. 25, Bissau, Jhunjhunu, Rajasthan.

4. Sunil Kumar, Principal, Govt. Girls Senior Secondary School Pareu, Badmer.

----Respondents For Petitioner(s) : Mr. Ram Rakh Sharma For Respondent(s) : Ms. Pooja Sharma, AAAG, Mr. Vishal Kumar and Mr. S.M. Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

04/12/2025

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

“It is, therefore, humbly prayed that Your Lordships may be pleased to accept and allow this writ petition and further by issuing writ, order, or direction in the nature thereof, quash and set-aside the impugned order dated 13/11/2025 (Anx-17) and prayed made in the appeal may kindly be allowed in favour of the petitioner and further impugned order of transfer dated 22/9/2025 (Anx- 1) and relieving order dated 24/9/2025 (Anx-2) may kindly be ordered to be quash and set-aside and further respondent be directed to allow petitioner to continue at his place of posting i.e.. PM Shri Seth Durgadutt Jatiya Govt. Secondary School, Ward No.25, Bissau, Jhunjhunu, Rajasthan”

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 husband of the petitioner is posted in the District Jhunjhunu and the present petitioner is transferred from P,M. Shri Seth Durgadutt Jatiya Govt. Sr. Sec. School, Ward No.25, Bissau, Jhunjhunu to Govt. Sr. Sec. School Noharia, Churu. He also submits that the respondents are under an obligation that the petitioner be transferred to same place, where her husband is working, who is also a Government servant.

3. Aforesaid contentions were opposed by learned AAAG appearing on behalf of the respondents and she 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 in light of policy and ratio as referred and relied by the petitioner, but in case of deviation, 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 her representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition.

6. In the meanwhile, impugned order dated 22.09.2025 and relieving order dated 24.09.2025 qua 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 PREETI VALECHA /327