HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3870/2026 Surendra Kumar Thalore S/o Shri Surja Ram Thalor ----Petitioner Versus State Of Rajasthan ----Respondent Connected with S.B. Civil Writ Petition No. 3900/2026 Sushila Mandia W/o Shri Surendra Kumar Thalor ----Petitioner Versus State Of Rajasthan ----Respondentt For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Mr. Vishal Kumar Ms. Pooja Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ANAND SHARMA

Order

06/03/2026 Since, the controversy involved in instant writ petitions is identical and similar, therefore, they were heard together.

It is stated by learned counsel for the petitioners that the petitioners in the aforesaid writ petitions are husband and wife, and are holding the post of Lecturer in the same subject in respondent-Department. Petitioner-Mr. Surendra Kumar Thalor was posted at Mahatma Gandhi Government School Gadoda, Sikar and petitioner Ms. Sushila Mandia was posted at Government Senior Secondary School, Jewali, Sikar. However, order dated

10.01.2026 has been issued by the Director, Secondary Education whereby, petitioner Surendra Kumar Thalor has been transferred to District Nagaur whereas, petitioner Ms. Sushila Mandia has been transferred to Churu. Learned counsel submits that as per the consistent policy of the Government, where husband and wife both are Government servants and are posted in the same Department, they ought to be posted in the same district so as to save any inconvenience to the family. However, in the instant case, where earlier both husband and wife were posted in the same district but that there being no proper application of mind vide order dated 10.01.2026, both of them have been posted by the very same order by the same authority in two different districts, which is sheer arbitrariness on the part of the respondents.

Learned counsel for the petitioners submits that both the petitioners have approached the Rajasthan Civil Services Appellate Tribunal, Jaipur by way of filing appeal yet, the appeals have been dismissed without properly considering the material on record and law prevailing at the relevant time.

Issue notices to the respondents.

Mr. Vishal Kumar on behalf of Mr. Manoj Sharma, AAG appears and accepts notices on behalf of the respondents and seeks time to file reply to the writ petition.

Name of Mr. Manoj Sharma be also reflected in the cause list, as learned counsel for the respondents.

In the meanwhile, and till further orders, operation of order dated 10.01.2026 qua petitioners shall remain stayed and both the petitioners shall be allowed to continue at their respective places where they were posted prior to issuance of order dated 10.01.2026. However, this interim order shall not preclude the respondent-Department from considering the cases of the petitioners for posting both of them in the same district.

List these matters on 15th April, 2026.

A copy of this order be placed on record of each writ petition.

(ANAND SHARMA),J NEERU/32-37