[2026:RJ-JP:11795]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5131/2026 Ram Niwas S/o Shri Ram Kumar, Aged About 59 Years, Resident Of 6/180, S.f.s. Agarwal Farm, Mansarovar, Jaipur, Rajasthan. At Present Posted As Lecturer (Maths) At Jasoda Devi Rewa Chand Gurnani Sindhi Senior Secondary School, Fateh Teeba, Jaipur ----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, School Education, Secretariat, Jaipur.

2. The Director Secondary Education, Rajasthan, Bikaner.

3. The District Education Officer (Head Office), Secondary Education, Jaipur.

4. The Principal, Jasoda Devi Rewa Chand Gurnani Sindhi, Govt. Senior Secondary School, Fateh Teeba, Jaipur

5. Ila Gupta, Lecturer (Maths) At Jasoda Devi Rewa Chand Gurnani Sindhi, Govt. Senior Secondary School, Fateh Teeba, Jaipur ----Respondents For Petitioner(s) : Mr. Hira Lal For Respondent(s) :

HON'BLE MR. JUSTICE ANAND SHARMA

Order

19/03/2026

1. Learned counsel for the petitioner sumbits that the petitioner challenged the transfer order dated 10.01.2026 issued by the office of Director, Secondary Education Rajasthan, Bikaner, whereby, petitioner was transferred from Government Senior Secondary School, Fateh Teeba, to Government Senior Secondary School, Ghad, Dist. Tonk. Petitioner then filed an appeal No. 120/2026 before the Rajasthan Civil Services Apellate Tribunal, Jaipur, which was disposed of by learned Service Tribunal vide order dated 15.01.2026 with the direction to the petitioner to submit a representation against the transfer order and till disposal of the writ petition, operation of transfer of dated 10.01.2026 was stayed.

2. Learned counsel for the petitioner submits that in compliance of order dated 15.01.2026 passed by the learned Tribunal, petitioner submitted a representation before the Competent Authority. However, ignoring the grievance of the petitioner that the petitioner is going to retire upon attaining the age of superannuation on 31st March, 2027, the representation was dismissed by the Competent Authority.

3. Learned counsel for the petitioner submits that feeling aggrieved by rejection of representation, the petitioner again approached the Tribunal by way of filing an appeal No.815/2026, however, the appeal has been dismissed on the ground of being barred by res judicata by giving findings, that once the case has been examined by the Tribunal and was disposed of with directions to submit the representation, then again after decision over the representation, second appeal cannot be filed. Learned counsel for the petitioner further submits that such findings given by the Tribunal are perverse.

4. Matter requires consideration.

5. Issue notices to the respondents.

6. In the meanwhile and till further orders, operation of order dated 10.01.2026 shall remain stayed. Petitioner shall be allowed to continue on the same post and on the same place where the petitioner was working prior to issuance of transfer order.

(ANAND SHARMA),J RINCHU /26