[2026:RJ-JD:13110]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4850/2026 Ashok Borana S/o Seshmal Borana, Aged About 57 Years, Resident Of 1560, Rajputon Ka Mohalla, Marwar Junction, District Pali (Raj.) At Present Working As School Lecturer (I Gr.) Subject Political Science At Gsss, Chawadiya, Marwar Junction, District Pali. Employee Id Rjpa 199929013617.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of School Education, Government Of Rajasthan, Jaipur (Raj.).

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

3. The District Education Officer, Secondary Education, Pali (Raj.).

4. The District Education Officer, Secondary Education, Sirohi, District Sirohi (Raj.)

5. The Principal, Government Senior Secondary School, Chawadiya, Marwar Junction, District Pali, Raj.

----Respondents For Petitioner(s) : Mr. Binja Ram For Respondent(s) : Mr. S.S. Rathore HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

18/03/2026

1. Present writ petition has been filed challenging order dated

10.01.2026, whereby petitioner, who is working as Lecturer Grade-I (Political Science), has been transferred from Government Senior Secondary School, Chawadiya, Marwar Junction District Pali, to Government Senior Secondary School, Anadra, District Sirohi.

2. Learned counsel for the petitioner submits that an appeal against said order had been preferred before Rajasthan Civil Services Appellate Tribunal, Jodhpur, which was decided vide order dated 19.01.2026, directing respondent-authorities to consider and decide the representation of petitioner and to pass a speaking order within a period of two weeks.

3. Learned counsel further submits that petitioner’s wife is suffering from breast cancer and is currently undergoing treatment. It is contended that earlier place of posting of as well as several posts of Lecturer Grade-I are lying vacant in the same block; however, despite such vacancies, petitioner has been transferred to a place nearly 200 km away, which has caused grave hardship to the petitioner.

4. Per contra, learned counsel for the respondents, appearing on caveat, submits that a reply to writ petition has been filed;

however, the same is not available on record.

5. Learned counsel for the respondents further contends that the law is well settled that transfer is a prerogative of the employer and an incident of service, and mere personal or family hardship cannot be a ground for interference with a transfer order. 6. Heard learned counsel for the parties and perused the material available on record.

7. It is indeed a settled position of law that transfer is within the discretion of the employer and forms part of service conditions, and the consequent disturbance in personal matters ordinarily does not constitute a ground for interference with a transfer order.

8. However, in the present case, considering the fact that petitioner’s wife is undergoing treatment for breast cancer at Jodhpur which has been substantiated by petitioner by placing on record recent medical documents of his mother, and further considering that several posts of the same cadre are lying vacant in the same block and no one is posted in place of petitioner and petitioners is still not relieved this Court is of the prima facie view that respondent authorities ought to adopt a more humanitarian approach and consider the circumstances of petitioner in a sympathetic manner.

9. Furthermore, this Court notes that inspite of specific directions were issued by Rajasthan Civil Services Appellate Tribunal, Jodhpur, vide order dated 19.01.2026, directing respondent-authorities to decide the representation of petitioner within two weeks. The Respondent - Authorities have not decided said representation in an objective manner and while considering peculiar facts of petitioner’s case.

10. In view of the discussion made hereinabove, respondent- authorities are directed to consider and decide the representation of petitioner in an