[2025:RJ-JP:46091] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15867/2025 Devendra Kumar Pareek S/o Omprakash Pareek, Aged About 52 Years, R/o- Teachers Colony, Prem Nagar, Foysagar Road, Ajmer. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Of Rajasthan, Jaipur. 2. The Director, Secondary Education, Bikaner. 3. The Joint Director, School Education, Ajmer Range Ajmer. 4. Manish Kumar Kothari, At Present Working As Administrative Officer At Office Of Joint Director, School Education, Ajmer Range, Ajmer ----Respondents Connected With S.B. Civil Writ Petition No. 8396/2025 Devendra Kumar Pareek S/o Omprakash Pareek, Aged About 52 Years, R/o Teachers Colony, Prem Nagar, Foysagar Road, Ajmer. Ordered To Be Posted At The Office Of Director, Secondary Education, Bikaner. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Of Rajasthan, Jaipur. 2. The Director, Secondary Education, Bikaner. 3. The Joint Director, School Education, Ajmer Range Ajmer ----Respondents For Petitioner(s) : Mr. Pradeep Mathur For Respondent(s) : Mr. Manoj Sharma, AAG [2025:RJ-JP:46091] (2 of 4) [CW-15867/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/11/2025 S.B. Civil Writ Petition No. 15867/2025 1. Instant writ petition is preferred by petitioner with following prayers: “It is most humbly prayed that this Hon'ble Court may graciously be pleased to allow the writ petition and quashed and set aside the APO order dated 12.05.2025 and consequential / sub-sequential transfer-posting order dated 11.08.2025 and reliving order dated 11.08.2025 may be quashed and set aside. And pass any other orders) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. While considering the writ petition on 17.10.2025, we have observed as under: “5. Having considered submissions of learned counsel for petitioner and learned AAG, it is apparent on record that in pursuant to order dated 28.05.2025 in S.B. CWP No.8396/2025 filed by present petitioner, a Co-ordinate Bench has directed respondents to permit present petitioner to continue at the office of Joint Director, School Education Ajmer Division until afresh posting order is issued to him. It is also evidence that the APO order dated 12.05.2025 and subsequent relieving order dated 12.05.2025 were stayed by a Co- ordinate Bench. 6. Aforementioned fact clearly indicated that petitioner was transferred in pursuant to order dated 28.05.2025 passed by a Co- ordinate Bench of this Court in writ petition filed by present petitioner.” 3. It is apparent on record that in pursuant to direction by this Court the order dated 11.08.2025 is passed by the respondent(s). [2025:RJ-JP:46091] (3 of 4) [CW-15867/2025] We agree with the contention raised by learned counsel for petitioner that the order dated 11.08.2025 gives him a fresh cause of action. 4. Learned AAG appearing on behalf of respondent(s) submits that the petitioner may submit a representation and same shall be considered by the Department. He also submits that appeal no. 4041/2025 is already filed by petitioner before the Civil Services Appellate Tribunal, and same is pending. 5. Having considered the submissions of learned counsel for parties, the writ petition is disposed of with liberty to the petitioner to pursue his remedy in appeal filed before the Rajasthan Civil Services Appellate Tribunal. The petitioner is also at liberty to submit a fresh representation to the respondents and on receipt of representation, the respondent shall decide the representation in light of grounds raised by petitioner within a period of 30 days from date of receipt of representation with reasoned and speaking order. The respondents are under an obligation to communicate the decision to the petitioner either by speed post or by e-mail if petitioner has provided e-mail in his representation. 6. Learned counsel for petitioner has raised an apprehension that the respondents may initiate some coercive action in retaliation, for instituting litigation against them. 7. Having considered aforesaid, the respondents are restrained from taking any coercive action in pursuant to transfer and relieving order dated 11.08.2025, and subsequent litigation. 8. Writ Petition and misc. application if any stands disposed of. [2025:RJ-JP:46091] (4 of 4) [CW-15867/2025] S.B. Civil Writ Petition No. 8396/2025 1. Instant writ petition has been filed by the petitioner with following prayers: “It is, therefore, humbly prayed that the present writ petition may kindly be allowed and the order impugned dated 12.05.2025 (Annexure-4) and relieving order dated 12.05.2025 (Annexure-5) may be quashed and set-aside and the respondents may be directed to allow the petitioner to work as Administrative Officer at the office of Joint Director, School Education, Ajmer Range Ajmer. Any other appropriate order or direction which this Hon'ble Court may deem just and proper may also be passed in favour of the petitioner. Cost of the writ petition may also be awarded in favour of the petitioner..” 2. A co-ordinate Bench of this Court while considering a writ petition on 28.05.2025 has passed the following order: “In the meanwhile, the operation of impugned order of APO dated 12.05.2025 and relieving order dated 12.05.2025, shall remain stayed and petitioner be allowed to continue at the Office of Joint Director, School Education, Ajmer Division, until a fresh posting order is issued to him.” 3. It is apparent that the order dated 12.05.2025 was stayed and in pursuant to order dated 12.05.2025 a fresh order is issued on 11.08.2025. Thus, the writ petition has rendered infructuous. 4. In view of aforesaid, the writ petition is dismissed as having rendered infructuous with pending application, if any. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /118-119