[2025:RJ-JP:46671] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17651/2025 Banwari Lal Kumhar S/o Lallu Ram Kumhar, Aged About 49 Years, Resident Of 98, Niloj, Liloj, Dausa, Rajasthan- 303313 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. 2. The Director Secondary Education, Rajasthan. 3. The Principal, Govt. Sr. Secondary School, Ralawata, Dausa . ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Vishvas Saini Mr. Bhawani Saini For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/11/2025 1. Instant writ petition is preferred by the petitioner with following prayer:- “i) By an appropriate writ, order and direction, the Impugned order dated 22.09.2025 be quashed and set aside. ii) By appropriate writ, order or direction, direct the respondents to allow the petitioner to continue and discharge his duties at Govt. Senior Secondary School, Ralawata (217984), Dausa with all consequential benefits; iii) Pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner is transferred by order dated 22.09.2025 and further relieved in a [2025:RJ-JP:46671] (2 of 3) [CW-17651/2025] mechanical manner by the respondents. He also submits that the District Collector has requisitioned and deputed the present petitioner in the process of the Special Intensive Revision (SIR) process and unless the order passed by the Electoral Registration Officer is withdrawn, the petitioner cannot be asked to join at new place of posting, as non-compliance of said order will be an election offence and misconduct. 3. He further referred order dated 03.11.2025 passed by the Administrative Reforms Department, Government of Rajasthan, maintaining ban on transfer of individuals, till 07.02.2026, whose services were requisitioned for the purpose of SIR. 4. Learned Additional Advocate General appearing on behalf of the respondents submits that the transfer order was passed on 22.09.2025 but the petitioner may submit a representation to the respondents and they will consider the representation but in case the services of petitioner are requisitioned in election process at previous place of posting then they will make a request to the Election Department to relieve the petitioner after providing a substitution. 5. Having considered submissions of learned counsel for the parties, I am of the considered view that instead of passing any direction, it is appropriate to dispose of the writ petition with liberty to the petitioner to submit a representation to the respondents but taking care of the fact that the duty of petitioner is requisitioned for Special Intensive Revision of voter list by the Election Department. 6. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondents within a [2025:RJ-JP:46671] (3 of 3) [CW-17651/2025] period of 30 days from now raising all grounds. The respondents are directed to decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, 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 his representation. If the petitioner is still aggrieved, he has a right to re-approach the court with fresh petition. 7. In the meanwhile, considering the deployment of petitioner in election duty for the purpose of Special Intensive Revision of electoral roll, it is appropriate to direct the respondents to ensure that the petitioner be permitted to continue at present place of posting till the services of the petitioner are utilized by the Electoral Registration Officer or the District Election Officer. 8. With the aforesaid, the writ petition with pending application, if any, stands disposed. (ASHOK KUMAR JAIN),J MR/409