VIBHA GAUTAM W/O SHRI BHAMANAND SHARMA v. STATE OF RAJASTHAN
CW/17031/2025 · 2025-11-14
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38616 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38616 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:45957] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17031/2025 Vibha Gautam W/o Shri Bhamanand Sharma, Aged About 42 Years, R/o Pratap Colony, Ward Number 18, Nainwa, Bundi. ----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, School Education Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
2. Director, Secondary Education Cum Addl, State Project Director, Senior Samagra Sikhsha Abhiran, Smsa Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Ashok Bansal For Respondent(s) : Mr. Manoj Sharma, AAG with Ms. Pooja Sharma and Mr. Vishal Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 14/11/2025
1. Instant writ petition has been filed by the petitioner with following prayer:- i) That the impugned order dated 29.10.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur and the transfer order dated 22.09.2025 may kindly be quashed and set aside. ii) That the respondents may be directed to allow the petitioner to work as Principal at PM Shri GSSS, Nainwa, Bundi (Raj.) with regular salary and consequential benefits.
2.
Learned counsel for the petitioner while placing reliance upon
order dated 27.02.2025 passed by the Division Bench of this Court at Principal Seat, Jodhpur in D.B. Spl. Appl. Writ No.332/2025 : Pradeep Kumar Vs. State of Rajasthan and
[2025:RJ-JP:45957] (2 of 3) [CW-17031/2025] Ors. submits that the husband of the petitioner is posted in the District of Bundi and the present petitioner is transferred from PM Shri GSSS, Nainwa, Bundi to PM Shri GSSS, Nasirabad, Jhalawar. He also submits that it is duty of the respondents that the petitioner be transferred to the same place where her husband is working, who is also a Government servant.
3. Aforesaid contentions were opposed by learned AAG appearing on behalf of the respondents and he submits that due to administrative exigency the transfer has been effected but considering the grievance as raised by the petitioner, the petitioner is free to make a representation to the Department, which will consider the representation on the grounds raised by the petitioner and this petition can be disposed at this stage.
4. Heard learned counsel for the parties.
5. 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 decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation in light of grounds referred hereinabove. After the order, 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 her representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition.
6. In the meanwhile, impugned order dated 22.09.2025 qua the present petitioner shall remain stayed till disposal of the representation, by the respondents.
[2025:RJ-JP:45957] (3 of 3) [CW-17031/2025]
7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /121