[2026:RJ-JP:2204]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6308/2022

1. Secretary, School Education And Language Department, Secretariat, Jaipur (Raj.)

2. Director, Secondary, Secondary Education, Bikaner (Raj.)

3. District Education Officer, Secondary Education, Hanumangarh

4. District Education Officer, Secondary Education, Tonk

5. Principal, Government Senior Secondary Education Likhmisar, 15 Lgw Likhmisar, Pilibanga, Hanumangarh

6. Principal, Government Sr. Sec. School, Lawadar, Tonk ----Petitioners Versus Manish Kumar Gurjar S/o Shri Surajmal Gurjar, R/o Plot No 24, Shivaji Nagar Campu, Tonk (Raj.),senior Teacher (Maths) Posted At Government Senior Secondary School Likhmisar, Pilibanga, District Hanumangarh (Raj.)

----Respondent For Petitioner(s) : Mr. Bhavya Kala for Mr. Devansh Sharma For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

19/01/2026

1. Learned counsel for petitioners while referring order dated

06.02.2024 in SB CWP No.66/2022 titled as State of Rajasthan and Ors. Vs. Man Singh submits that instant writ petition may be disposed of in light of the order passed by a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur. He further submits that the order dated 08.11.2019 in appeal No.3384/2019 passed by Rajasthan Civil Services Appellate Tribunal indicate that the transfer order dated 14.08.2021 was interfered by the tribunal on the ground that the respondent employee was transferred and relieved during period of probation and same was considered against the policy. He further submits that the respondent was confirmed in service and now he has become permanent employee therefore petitioners may transfer respondent as per administrative exigencies. He further placed reliance upon judgment of Hon’ble Supreme Court in case of Shilpi Bose And Others vs State Of Bihar AIR 1991 SC 532

2. Instant writ petition is preferred by State with following prayer:

“It is, therefore, respectfully prayed that this Hon'ble court will be pleased to allow this writ petition and further be pleased to issue writ of aside the order dated appropriate nature set 02.09.2021 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 3221/2021 Vs. Secretary School Manish Kumar Gurjar Education & Ors. whereby the tribunal has directed the order dated 14.08.2021 has set aside and further directed to relieve the applicant for new place of posting.”

3. The respondent (employee) has filed an appeal before the Rajasthan Civil Services Appellate Tribunal on the ground that he was appointed on probation by the respondents department, but was transferred by order dated 14.08.2021, during probation period.

4. Having considered that transfer order dated 14.08.2021 was interfered by the Rajasthan Civil Services Appellate Tribunal primarily on the ground that petitioner was transferred during period of probation, and same is contrary to rules. Now as per statement submitted by learned counsel for petitioners, the respondent was confirmed in service and he is holding a substantive post in petitioner department therefore the order dated 02.09.2021 has limited application and now the order has no relevance after completion of probation. The petitioners are at liberty to transfer him as per administrative exigencies as laid down in case of Shilpi Bose And Others vs State Of Bihar (supra), by Hon’ble Supreme Court.

5. Having considered aforesaid, instant writ petition is disposed of with liberty to petitioners to take a call to transfer respondent (employee) as per administrative needs, as the currency of the order dated 02.09.2021 passed by the tribunal in appeal No.3221/2021 has already expired and now it has no relevance as regard to right of respondent is concerned.

6. Accordingly, writ petition along with pending application, if any, is hereby disposed of.

(ASHOK KUMAR JAIN),J PREETI VALECHA /42