[2025:RJ-JP:46411] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17621/2025 Gulab Ray Gajwani S/o Tara Chand Gajwani, Aged About 56 Years, R/o 124/236, Agarwal Farm, Mansarovar, Jaipur, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, School Education, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Bikaner. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Gupta HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/11/2025 1. Instant writ petition is preferred with following prayer:- i) Issue an appropriate writ order or direction in the nature thereof thereby, the Impugned Order dated 11.08.2025 (Anneuxre-1) and the Impugned Relieved Order dated 12.08.2025 (Annexure-2) passed by the respondents shall be quashed and set aside. ii) Issue an appropriate writ order or direction in the nature thereof thereby the respondents may kindly be directed to allow the appellant to continue services duties as additional Administrative Officer in the office of DEO (HQ) Secondary Education, Jaipur Rural. [2025:RJ-JP:46411] (2 of 4) [CW-17621/2025] 2. Mr. Manoj Sharma, AAG accepts notice on behalf of respondents. 3. Office is directed to reflect the name of Mr. Manoj Sharma, AAG as counsel for respondents. 4. Learned counsel for petitioner submits that the petitioner is suffering from permanent disability and same is assessed as 40% by SMS Hospital, Jaipur. He further submits that the petitioner is transferred from Jaipur to Todaraisingh (Tonk) but without considering physical condition of the petitioner. He also referred his medical treatment for lumbo sacral spine region and submitted that without any support, it is difficult for petitioner to carry on his daily activities. He further submitted that even in case of Vineeta Kumari Vs. State of Rajasthan & Ors.: S.B. CWP No.3923/2025, the Rajasthan Civil Services Appellate Tribunal has passed a direction against the respondents to post Vineeta Kumari at any place in Jaipur, but the Appeal No.4232/2025 of petition was dismissed. 2. Learned AAG submits that petitioner may file a representation and Department will consider the representation in accordance with policy of the Department. 3. Considered submission of learned counsel for parties and on perusal of material, it has come to the notice that petitioner has claimed to be a physical handicapped person with 40% of disability and also suffering from other diseases as mentioned by him in the petition as per learned AAG, there is no such policy in the State Government to consider posting of individuals with physical disability. [2025:RJ-JP:46411] (3 of 4) [CW-17621/2025] 4. The Department of Personal Training, Ministry of Personal, Public Grievances and Pensions, Government of India in its OM dated 24.11.2022 has specifically mentioned that at the time of posting of physical handicapped persons, and parents of mentally retarded children may be considered for posting at a station where medical help and education facilities available. The Government Departments were advised by the Administrative Reforms Department vide circular dated 18.07.2022 for posting of such persons subject to administrative constraints near their native place and accommodate such persons to the extent possible. 5. Herein this case, it is appropriate to dispose of the writ petition with liberty to the petitioner to submit a representation to the respondents in light of grounds available to him and also under the provision of the Rights of Persons with Disabilities Act, 2016. 6. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioner in light of circular and guidelines, but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition. [2025:RJ-JP:46411] (4 of 4) [CW-17621/2025] 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /399