[2026:RJ-JD:18454]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2487/2026 Sohan Lal Bunkar S/o Shri Bheru Lal Bunkar, Aged About 52 Years, R/o Mavli, Udaipur, District Udaipur, Rajasthan.

----Petitioner Versus

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

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

3. The State Project Coordinator-Cum-Commissioner, Rajasthan State Education Council, Dr. Radhakrishnan Shiksha Sankul, Eklavya Bhawan, Jawahar Lal Nehru Marg, Opp. Ots Bridge, Jaipur, District Jaipur, Rajasthan.

4. The District Education Officer (Headquarter), Secondary Education, Udaipur, District Udaipur, Rajasthan.

5. The Chief Block Education Officer, Block Mavli, District Udaipur, Rajasthan.

----Respondents For Petitioner(s) : Mr. Kailash Jangid For Respondent(s) : Mr. Royendar Singh Bhati for Mr. Sajjan Singh Rathore, AAG HON'BLE MR. JUSTICE ANAND SHARMA

Order

20/04/2026

1. Petitioner has assailed the order dated 10.01.2026 issued by Director Secondary Education, Rajasthan, Bikaner whereby, petitioner has been transferred from the office of Chief Block Education Officer, Block Mavali District, Udaipur to the post of Lecturer at Gov. Senior Seconday School Arayan, Ganganagar.

2. While pressing the writ petition, learned counsel for the petitioner submits that vide order dated 26.08.2022, the petitioner was selected for deputation under Rule 144A of Rajasthan Service Rules, 1951 initially for a period of one year but, such period of one year was extended from time to time. It is argued that the deputation order of the petitioner has not been cancelled by issuing any specific order and without even passing any order of repatriation, the petitioner has been transferred vide order dated 10.01.2026, which is against the procedure as contemplated under Rule 25A of RSR wherein, it has been laid down that in case, any employee has been sent on deputation then on repatriation, firstly, he was required to be kept 'awaiting posting order' and only thereafter, any order of transfer or posting order can be issued. Learned counsel submits that the order dated 10.01.2026 since, has been passed contrary to the statutory rules, is liable to be quashed and set-aside.

3. The writ petition filed by the petitioner has been opposed by learned counsel for the respondents in which, it has been submitted that the order dated 26.08.2022 earlier issued by the Director Secondary Education, Rajasthan, Bikaner for sending the petitioner on deputation, was not an order for inter- Department deputation but, it was intra-Department deputation. Learned counsel submits that the order of deputation dated 26.08.2022 as well as the impugned order of transfer dated 10.01.2026 have been issued by the same authority i.e. by the Director Secondary Education, Rajasthan, Bikaner. Learned counsel submits that in case, any person has been sent within the Department on deputation for carrying out the assigned work, such order is in the nature of transfer and the Competent Authority is well within its rights to post the employee concerned as per the administrative exigency at any other place.

4. Learned counsel further submits that in the instant case, even otherwise, period of alleged deputation was only one year and admittedly, such period has lapsed long back. Thereupon, otherwise also, the petitioner does not hold any vested right to continue on deputation.

5. Heard learned counsel for the parties and perused the record.

6. It has not been disputed by learned counsel for the parties that the petitioner was sent on deputation under Rule 144A of RSR in Rajasthan School Council, which is an integral part of Department of Secondary Education, Rajasthan Bikaner. Thus, it is clear that the petitioner was never deputed to any Department of the Government of Rajasthan, other than his parent Department and it has also come on record that the period of one year