[2025:RJ-JP:48108]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17946/2025 Vijay Kumar Karayala S/o Sh. Kanhya Lal Karayala, Aged About 40 Years, R/o Ward No.02, Churi Chaterpura , Post Churi Ajitgarh, District Jhunjhunu (Raj.) 333701 ----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, School Education Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur 302005

2. The Office Of Director Secondary Education, Bikaner, Through Its Director, Secondary Education, Samta Nagar, Bikaner, Rajasthan 334001

3. The Principal, Shri Krishna Government Senior Secondary School, Fatehpur Shekhawati, Sikar (Raj.)

4. Indirakant Mishra S/o Parentage Not Known To Petitioner, Now Posted In Place Of Petitioner At Shri Krishna Govt. Senior Secondary School Fatehpur Shekhawati Sikar (213165) Rajasthan ----Respondents For Petitioner(s) : Mr. Hemant Taylor Mr. Salim Khan For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar and Ms. Pooja Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

21/11/2025

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

“1) By an appropriate writ, order or direction, the be quashed and set aside, qua petitioner.

Consequently, the respondent be directed to allow the petitioner to continue to serve at present place of posting i.e., Shri Krishna Government Senior Secondary School, Fatehpur Shekhawati, Sikar (Raj.) with regular salary and consequential benefits.

2) Any other order which this Hon'ble Court deemed 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 Shri Krishna Government Senior Secondary School, Fatehpur Shekhawati, Sikar to Govt. Sr. Secondary School, Dawada, Jaisalmer. 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 AAG 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 impugned 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/63