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2025 DAILYLAW 37330 (RAJ)

VISHNU KUMAR GHATELWAL S/O SH. NAGAR MAL v. SECRETARY TO GOVERNMENT

CW/17128/2025 · 2025-11-18

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:46559] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17128/2025 Vishnu Kumar Ghatelwal S/o Sh. Nagar Mal, Aged About 58 Years, R/o 14/26, Mansarovar, Jaipur, (Raj.), Presently Posted As Principal, Govt. Girls High Secondary School, Vidhyadhar Nagar, Jaipur (Raj.) (Employee Id- Rjjp1992217015394) ----Petitioner Versus 1. Secretary To Government, Scool Education, Government Secretariat, Government Of Rajasthan, Jaipur. 2. Director, Secondary Education, Rajasthan, Bikaner. 3. District Education Officer, Headquarter Secondary, Jaipur. 4. Neeta Sharma, Principal, Government Senior Secondary School, Bahlod, Jaipur. ----Respondents For Petitioner(s) : Mr. Akhil Simlote Mr. Dikshant Jain For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar and Ms. Pooja Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/11/2025 1. Instant writ petition has been preferred with following prayer:- “i. Call for the entire record of the case and examine the same; ii. by an appropriate writ, order or direction in the nature thereof, thereby quash and set aside the impugned order dated 29.10.2025 passed by the learned Tribunal in Appeal No.4397/2025 titled as Vishnu Kumar Ghatelwal Vs. Secretary to Government, School Education and others; iii. by an appropriate writ, order or direction in the nature thereof, thereby quash and set aside the impugned transfer order dated 22.09.2025 iv. Any other order which this Hon’ble Court may deems fit and proper in the facts and circumstances of [2025:RJ-JP:46559] (2 of 3) [CW-17128/2025] the case may also be passed in favour of petitioner. Cost be awarded.” 2. Learned counsel for petitioner while placing reliance upon judgment in case of Om Prakash Chopra Vs. State of Rajasthan in S.B. Civil Writ Petition No.15799/2025 (order dated 03.09.2025), Jhabar Singh Vs. State of Rajasthan in D.B. Civil Writ Petition No.237/2025 (order dated 27.03.2025) and Pushpa Mehta Vs. State of Rajasthan in Civil Special Appeal No.1430/1999 submits that the date of birth of the present petitioner is 07.05.1967 and in another eighteen months, he will be superannuated from the service but the respondents have transferred him from the Govt. Girls Sr. Secondary School, Vidhyadhar Nagar, Jaipur to Panotia (Bhilwara). 3. Learned AAG while placing reliance upon judgment in case of Sultan Singh Sahu Vs. State of Rajasthan in S.B. Civil Writ Petition No.18959/2025 (order dated 16.10.2025) passed by a Coordinate Bench at Principal Seat, Jodhpur submits that petitioner has no right to claim transfer at particular place rather the petitioner is transferred on the basis of administrative exigencies. He also submits that if petitioner is on verge of retirement in another eighteen months then he can submit a representation. He further undertake that the representation will be considered by the Department and will pass an appropriate order under intimation to the petitioner. He further submits that till the time, the order may be stayed by Hon’ble Court. 4. Having considered the submission and also considering the judgments as referred hereinabove, by both the parties, the writ petition is disposed of with liberty to petitioner to submit [2025:RJ-JP:46559] (3 of 3) [CW-17128/2025] representation to the respondent No.2 within a period of 4 weeks through speed post or by E-mail. On receipt of representation, the respondent No.2 shall consider the representation on the basis of ground as referred in the representation and decide the same within 4 weeks of receipt of representation and communicate the decision to the petitioner by speed post or by E-mail, if petitioner has provided E-mail in his representation. 5. The petitioner may re-approach the Court or any other Forum as provided under the law, if he is aggrieved of the decision of respondent No.2. 6. In the meanwhile, the transfer order dated 22.09.2025 qua petitioner shall remain stayed till disposal of representation by the respondent No.2. 7. The writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J MR/395-sppp