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2025 DAILYLAW 16022 (RAJ)

FORANTA BAI MEENA WIFE OF POORAN SINGH MEENA ADVOCATE v. THE STATE OF RAJASTHAN

CW/5938/2025 · 2025-05-28

Sudesh Bansal

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:22550] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5938/2025 Foranta Bai Meena Wife of Pooran Singh Meena Advocate, Aged About 33 Years, Resident Of 222, Ashok Vihar, Jagatpura, Jaipur- Rajasthan. Present Working At Govt. Upper Primary School, Khatipura, Sanagner City, Jaipur ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Bhagwan Das Road, C Scheme, Ashok Nagar, Jaipur- 302005 2. Director, Elementary Education Rajasthan, Lalgarh Road , Bikaner -334001 3. The Chief District Education Officer (Elementary), Bhilwara- Rajasthan 4. Deo, Hq, Elementary Education, Jaipur 5. Principal, Mahatama Gandhi Govt. School, Luniabas, Sanganer, Jaipur. ----Respondents For Petitioner(s) : Mr. M.S. Raghav For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/05/2025 1. Heard counsel for both parties and perused the material available on record. 2. Petitioner, a Teacher Grade III Level II in subject English was posted at Government Senior Secondary School, Kaliyas, Asind, Bhilwara vide order dated 04.10.2023. Due to her family adversarial circumstances, she submitted a representation to [2025:RJ-JP:22550] (2 of 3) [CW-5938/2025] transfer her posting at Jaipur or nearby District. Since representation filed by the petitioner was not considered, petitioner preferred SBCWP No.40/2024. 3. In the previous writ petition, the Coordinate Bench of this Court passed an interim order dated 05.01.2024 to consider the grievance of petitioner to transfer her from District Bhilwara to Jaipur. In pursuance thereof, petitioner was allowed to join at Government Upper Primary School, Khatipura, Sanganer, Jaipur as work arrangement vide order dated 11.01.2024. Following the order dated 11.01.2024, the writ petition has finally been disposed of vide order dated 20.12.2024. 4. Surprisingly, respondents soon after disposal of the writ petition on 20.12.2024 has withdrawn the order of work arrangement and passed a fresh order dated 09.04.2025, directing the petitioner to join at its previous place of posting at Bhilwara, which has been challenged by the petitioner in the instant writ petition. 5. Counsel for petitioner admits that in pursuance of the order dated 09.04.2025, petitioner has joined on 16.05.2025, however, her adversarial family circumstances exists and the grievance survives. 6. Taking into consideration the entirety of facts and circumstances, instead of granting indulgence in the order impugned dated 09.04.2025 on merits by this Court, petitioner is permitted to submit a detailed representation, detailing out her family adversarial circumstances before the respondents. It is hereby directed that if any representation is submitted by the petitioner within a period of two weeks, same shall be considered [2025:RJ-JP:22550] (3 of 3) [CW-5938/2025] by the respondents in accordance with law and a detailed and reasoned order be passed within four weeks thereafter, taking note of the fact of issuing previous work arrangement order of petitioner at Government Upper Primary School, Khatipura, Sanganer, Jaipur under order dated 11.01.2024. 7. The order so passed by the respondents upon the representation of petitioner, shall be communicated to the petitioner. 8. Accordingly, the writ petition stands disposed of. 9. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /183