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[2026:RJ-JP:39748]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19649/2026 CNR: RJHC020941942026 | URN: CW / 41053U / 2026 Suman Meena Wife Of Shri Hemaraj Meena, Aged About 33 Years, Resident Of Village Khirkhirda, Post Balouti, Tehsil Sapotra District Karouli Rajasthan 322202. Presently Working As Senior Teacher In P.m Shri Government Senior Secondary School Gangapur City-217850. Employee Id- Rjbw201408024981 ----Petitioner Versus

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

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

3. Principal, Government Senior Secondary School Gangapurcity, District Sawaimadhopur-217850.

----Respondents For Petitioner(s) : Ms. Sanskriti Gautam JUSTICE ANOOP KUMAR DHAND

Order

29/09/2026 Reportable Motherhood is the mother of all civilizations. Family as a social institution is considered as the backbone of the society. No civilization could have passed without recognizing the power of mother and often figuratively projected her as Goddess. A child born to a family sees the world first through the eyes of his/her mother and develops his/her skills through the vision of the family.

“Mother is she who can take place of all others, but whose place no one else can take. The bond between mother and her child is special one. It remains unchanged by time or distance. It is the purest love-unconditional and true. It is understanding of any situation and forgiving any kind of mistakes….”

1. By way of filing the instant writ petition, a challenge has been led to the impugned order dated 15.09.2026, passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, ‘the Tribunal’), by which the appeal submitted by the petitioner against her transfer order dated 07.07.2026 has been rejected.

2. Learned counsel for the petitioner submits that the petitioner was appointed to the post of Senior Teacher and at the time of passing of the impugned transfer order, she was posted at PM Shri Government Senior Secondary School, Gangapur City, District Sawaimadhopur. However, she has been transferred to Government Girls Senior Secondary School, Masalpur, District Karauli vide impugned transfer order dated 07.07.2026. Counsel submits that the petitioner has given birth to a child on 13.05.2026, only two months before passing of the impugned transfer order dated 07.07.2026. Counsel submits that the petitioner’s child is still an infant and the petitioner would not be in a position to take care of the new born infant at the proposed transferred place of posting. Counsel submits that even the maternity leave was not granted to the petitioner on a technical count that previously on two occasions, the petitioner has already availed maternity leaves from 02.07.2020 to 28.12.2020 and from 13.07.2021 to 08.01.2022. Counsel submits that with regards to the period of the first maternity leave granted to the petitioner, she gave birth to a child, who unfortunately passed away shortly thereafter. Even though the petitioner was not having two children at the time of birth of the new born baby in May, 2026, since the first child passed away soon after birth i.e. on 02.07.2020, but on the ground of technical reasons of having already availed two maternity leaves, this time maternity leave was not granted to the petitioner. Counsel submits that on humanitarian grounds, a prayer was made before the Tribunal for staying the transfer order and quashing the same, but instead of looking into the aforesaid grounds, the appeal submitted by the petitioner against the impugned transfer order has been rejected. Hence, interference of this Court is warranted.

3. Heard and considered the submissions made at the Bar and perused the material available on the record.

4. It is submitted that the petitioner has recently delivered a child and is presently having a two-month-old infant in her lap, who is ful