Judgment

1. Petitioner has filed the present writ petition feeling aggrieved by the transfer order dated 10.01.2026 issued by the Director, Secondary Education, Bikaner, whereby he has been transferred from Government Senior Secondary School, Fakirwali, District Ganganagar to P.M. Sri Government Senior Secondary School, Tehsil Kolayat, District Bikaner.

2. It is stated that the petitioner is holding the post of Lecturer (Hindi), School Education in respondent-department. His wife Smt. Sapna is also working on the post of Lecturer (First Grade Hindi) in the same department and is posted at Government Senior Secondary School, 4 NN Chandna Block Padampur, District Sriganganagar. Wife of the petitioner is still posted in District Sriganganagar, whereas the petitioner has been transferred vide impugned order in another district away from his wife’s posting, which is against the consistent policy of the State Government providing that in case husband and wife both are in Government service, then endeavour should be made to keep both of them at the nearest places.

3. It is further contended that feeling dissatisfied with the transfer order dated 10.01.2026, the petitioner preferred appeal No. 326/2026 before the Rajasthan Civil Services Appellate Tribunal, Bench Jodhpur (hereinafter to be referred as ‘the Tribunal’). However, the Tribunal did not interfere on merits and vide order dated 27.02.2026 disposed of the appeal directing the petitioner to submit a representation before the competent authority for redressing the grievances of the petitioner. Accordingly, the petitioner submitted representation before the respondents, but the same has also been rejected vide Annexure- 9, in quite mechanical manner. While pressing the writ petition, the petitioner relied upon order dated 01.12.2025 passed by Division Bench of this Court in Harvinder Singh Vs The State of Rajasthan & Others (D. B. Special Appeal Writ No. 1723/2025) to argue that the Division Bench in the similar circumstances disposed of the aforesaid appeal directing the State Government to allow both husband and wife at the same place in any one District.

4. Heard and considered.

5. In view of the foregoing discussion, the limited grievance raised by the petitioner is that both he and his spouse are Government servants serving under the same Directorate and, as per the departmental policy, an effort ought to be made to post them at the nearest possible stations. It is contended that, in disregard of such policy, the petitioner has been transferred to another district, resulting in undue hardship and inconvenience to the family.

6. Having regard to the nature of the grievance, this Court considers it appropriate to dispose of the present writ petition by granting liberty to the petitioner to submit a detailed representation along with certified copy of this order to the Director, Secondary Education Department, Bikaner within a period of fifteen days from today, indicating his willingness to be posted at any place within the State of Rajasthan, preferably in the same district as his spouse, without insisting upon any particular station. In the event, such a representation is submitted, the Director, Secondary Education, shall consider the same in accordance with law and the applicable policy and pass a reasoned and speaking order within a period of one month thereafter, with due consideration to the claim of posting the husband and wife in the same district.

7. Till the said representation is decided, the petitioner shall be permitted to continue at the place where he was posted prior to issuance of the impugned transfer order. It is, however, made clear that in case, the petitioner fails to submit the representation within the stipulated period, the interim protection granted herein shall automatically stand vacated upon expiry of fifteen days from the date of this order and the respondents shall be at liberty to give effect to the impugned transfer order in accordance with la