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2026 Supreme(Online)(Raj) 11549

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR


[2026:RJ-JD:17217]


S.B. Civil Writ Petition No. 3393/2026


Sukhveer Kaur W/o Shri Abhishek Ataliya, Aged About 30 Years, R/o 75-76, Dara Colony, Near Chandigarh Hospital, Hanumangarh Junction, District Hanumangarh.

----Petitioner Versus

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

2. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents


For Petitioner(s) : Mr. Vishal Jangid For Respondent(s) : Mr. Sajjan Singh Rathore, AAG

Mr. Rajendra Singh Bhati


HON'BLE MR. JUSTICE KULDEEP MATHUR


13/04/2026

Order

By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

“It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed with costs and by an appropriate writ, order or direction;

1. The transfer order dated 9.1.2026 (Annex.5) as well as order dated 30.1.2026 (Annex.7) may very kindly be quashed and set aside with all its natural consequences qua the petitioner.

2. The respondents may very kindly be directed to consider grievance of the petitioner in light of the relevant circular/ policy decisions/guidelines objectively and provide posting at the nearby place of residence forthwith;

3. Any other relief/reliefs which this Hon'ble High Court may deem just and proper in the circumstances of the case, may kindly be granted in favour of petitioner.”

Learned counsel for the petitioner submitted that the petitioner has challenged the transfer order dated 09.01.2026 (Annexure-05) as well as the order dated 30.01.2026 (Annexure- 07) passed by the Rajasthan Civil Services Appellate Tribunal, Bench at Jodhpur, in Appeal No. 239/2026, titled “Sukhveer Kaur vs. State of Rajasthan & Anr.”, whereby the appeal preferred by the petitioner against her transfer from PM Shri Government Senior Secondary School, Sector 12, Ward No. 13, Hanumangarh Junction, Hanumangarh, to Government Senior Secondary School, Saharani, Hanumangarh, has been rejected. The challenge is primarily on the ground that the petitioner is the sole caregiver of her disabled father-in-law and aged mother-in-law, and is also required to take care of her minor child aged about 1 to 1½ years. It is contended that her transfer from the present place of posting would cause her grave hardship and mental agony.

Mr. Sajjan Singh Rathore, learned AAG, while supporting the impugned transfer order as well as the order dated 30.01.2026 (Annexure-07) passed by the Tribunal, submitted that the petitioner has been transferred due to administrative exigencies, and cannot claim posting at a particular place as a matter of right. He further submitted that every government employee faces personal difficulties, and on such grounds, the transfer order passed by the competent authority ought not to be interfered with by this Court.

Heard learned counsel for the parties and perused the material available on record.

Having considered the submissions advanced and keeping in view the fact that the petitioner is the caregiver of her aged parents-in-law and also has a minor child aged about 1 to 1½ years, this Court deems it just and proper to dispose of the present writ petition with a direction to the petitioner to submit a fresh representation ventilating her grievances before the Director, Secondary Education, Rajasthan, Bikaner, within a period of 15 days from today, along with a certified copy of this order.

In case such a representation is submitted, the Director, Secondary Education, Rajasthan, Bikaner, shall consider and decide the same objectively and sympathetically, in accordance with law.

It is made clear that till the representation submitted by the petitioner, pursuant to this order, is decided by the Director, Secondary Education, Rajasthan, Bikaner, the effect and operation of the impugned transfer order dated 09.01.2026 (Annexure-05) as well as the order dated 30.01.2026 (Annexure-07) passed by the Rajasthan Civil Services Appellate Tribunal, Bench at Jodhpur, in Appeal No. 239/2026, titled “Sukhveer Kaur vs. State of Rajasthan & Anr.”, shall remain stayed, and the petitioner shall be allowed to continue to work as Lecturer (Grade-I) (History) at PM Shri Government Senior Secondary School, Sector 12, Ward No. 13, Hanumangarh Junction, Hanumangarh.

The stay application as well as all pending application(s), if any, stand disposed of accordingly.

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