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2025 DAILYLAW 38717 (RAJ)

SEEMA VERMA WIFE OF SHRI TARA PRAKASH VERMA v. STATE OF RAJASTHAN

CW/17220/2025 · 2025-11-20

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:46961] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17220/2025 Seema Verma Wife Of Shri Tara Prakash Verma, Aged About 53 Years, Resident Of 13/444, Malviya Nagar, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, School Education Department, Government Of Rajasthan, Government Secretariat, Jaipur. 2. Director, Secondary Education, Rajasthan, Bikaner. 3. Sangeeta Kanwar, Principal, Now Posted In Place Of Appellant In Govt. Girls Sr. Sec. School, Murlipura Scheme, Jaipur. ----Respondents For Petitioner(s) : Mr. Dilip Singh Kurka For Respondent(s) : Mr. Y.K. Sharma Mr. Vishal Kumar and Ms. Pooja Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/11/2025 1. Instant Writ Petition is preferred by petitioner with following prayer:- (i) It is therefore prayed that this writ petition may kindly be allowed and by appropriate writ, order or directions, the order dated 22.09.2025, 23.09.2025 and order of Tribunal dated 04.11.2025 may kindly be quashed and set aside.”” 2. Learned counsel for applicant submits that the petitioner is transferred by order dated 22.09.2025 to accommodate private respondent. He also submits that she is suffering from slip disc problem and her treatment is going on. [2025:RJ-JP:46961] (2 of 3) [CW-17220/2025] 3. Learned counsel for respondent submits that the writ petition be disposed of at this stage and the petitioner may submit a representation which shall be considered by the respondent(s). 4. Having considered the submission of learned counsels for the parties and on perusal of material placed on record, the writ petition is disposed of at this stage with consent of the counsels for the parties with liberty to the petitioner to submit a representation to the respondent(s). 5. Recently, in case of Sanjay Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 17323/2025 order dated 17.11.2025) we have considered case of transfer of husband and wife, both are government servant but working in different departments. The State is under an obligation to consider and balance the humanitarian need vis-a-vis administrative exigencies. 6. Considering the grievances raised herein, the petitioner is given a liberty to file a representation to the respondent(s) within a period of 30 days raising all the grounds and the respondent- Authority is directed to decide the representation in light of observation made by this Court within a period of 30 day from date of receipt of representation. In case, the respondent- Authority is of the view that the representation of petitioner requires to be dismissed then they are under an obligation to decide the representation with a reasoned and speaking order. 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 [2025:RJ-JP:46961] (3 of 3) [CW-17220/2025] representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition. 7. The transfer order dated 22.09.2025 and relieving order dated 23.09.2025 qua the present petitioner shall remain stayed till disposal of the representation by the respondent(s) and the petitioner be permitted to continue at same post, where she was working prior to issuance of order dated 22.09.2025. 8. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /30