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2025 DAILYLAW 38357 (RAJ)

OM PRAKASH BAIRWA S/O BADRI LAL BAIRWA v. STATE OF RAJASTHAN

CW/18233/2025 · 2025-11-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:47779] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18233/2025 Om Prakash Bairwa S/o Badri Lal Bairwa, Aged About 58 Years, R/o B-58, Brij Vihar, Opposite Shubham Resort, Deoli Arab Road, Borkhera, Kota, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Rajasthan, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. Instant writ petition has been preferred with following prayer:- “i) By an appropriate writ, order and direction, the impugned order dated 22.09.2025 (Annex.1), impugned relieving order dated 07.10.2025 (Annex.2) passed by the respondents, impugned order dated 13.11.2025 passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur in Appeal No.4509/2025 may kindly be quashed and set aside. ii) By an appropriate writ, order and direction, in the nature thereof, the respondents may kindly be directed to continue the petitioner on the post of Principal at M. Shri Govt. Senior Secondary School, Sangod, Kota. 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 [2025:RJ-JP:47779] (2 of 3) [CW-18233/2025] 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 and submits that the date of birth of the present petitioner is 10.07.1967 and in another 22 months, he will be superannuated from the service but the respondents have transferred him from M. Shri Govt. Senior Secondary School, Sangod, Kota. to Govt. Sr. Secondary School Bavdi B Kalapana, Dungarpur. 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 22 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 submits representation to the respondent(s) within 30 days through speed post or by E-mail. On receipt of representation, the respondent(s) shall consider the representation on the basis of ground as referred in the representation and decide the same within 4 weeks [2025:RJ-JP:47779] (3 of 3) [CW-18233/2025] 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 and the relieving order dated 07.10.2025 qua petitioner shall remain stayed till disposal of representation by the respondent(s). 7. The writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J PREETI VALECHA /78