MITHLESH MEENA W/O SHRI KAUSHAL KISHOR MEENA v. STATE OF RAJASTHAN
CW/13413/2025 · 2025-09-10
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29277 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29277 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:36520] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13413/2025 Mithlesh Meena W/o Shri Kaushal Kishor Meena, R/o Village Bhindi Post Jaloda Tehsil Keshoraipatan, District Bundi, Rajasthan-323301 presently working as Teacher Grade III (Level-I) at Government Primary School, Potliyon Ki Dhani, Block Sindhari District Balotara, Rajasthan. ----Petitioner Versus
1. State of Rajasthan through its Principal Secretary Elementary
Education,
Government
Secretariat, Government of Rajasthan, Jaipur, Rajasthan.
2. Director, Elementary Education, Rajasthan, Bikaner.
3. District Education Officer, Elementary Education, District Bundi, Rajasthan.
4. District Education Office, Elementary Education, District Balotara, Rajasthan.
5. Bharat Kumar S/o Champa Lal, aged about 26 years, presently working as Teacher Grade III (Level-I) Rajkiya Ucch Madhyamik Vidyalay, Ghat Ka Barana Block Keshoraipatan District Bundi, Rajasthan. ----Respondents For Petitioner(s) : Mr. Arpit Jain For Respondent(s) : Mr. Gopal Krishan Sharma, AGC with Mr. Shantanu Sharma HON'BLE MR. JUSTICE ANAND SHARMA
Order 10/09/2025
1.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has preferred an application for his mutual transfer qua respondent No.5 but the official respondents
[2025:RJ-JP:36520] (2 of 2) [CW-13413/2025] No.1 to 4 are not acceeding to their request and the mutual transfer, as sought, has not get been ordered.
2. The prayer made by the petitioner is totally misconceived. It is a well settled proposition of law that the employer is the best person to decide the place of posting of the respective employees. Merely, on account of the fact that some request for mutual transfer has been preferred by any employee, does not mean that the respondent-Government is under an obligation to pass order at the request of the concerned employee.
3. It is well within the rights of the State Government to post their employees as per the administrative exigency and in the interest of public at large.
4. In view of above, there is no scope for interference under the Article 226 of the Constitution of India. Hence, the writ petition filed by the petitioner is, hereby, dismissed.
(ANAND SHARMA),J DAKSH/27