YOGESHWAR DAYAL SHARMA SON OF LATE SHRI BRIJ BIHARI SHARMA v. THE STATE OF RAJASTHAN
CW/16815/2025 · 2025-11-14
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40259 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40259 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:45946] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16815/2025 Yogeshwar Dayal Sharma Son Of Late Shri Brij Bihari Sharma, Aged About 56 Years, Resident Of A-71, Sushil Pura, Sodala, Jaipur, Raj. ----Petitioner Versus
1. The State Of Rajasthan, Through Its Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2. Director, Secondary Education, Bikaner, (Raj.)
3. Smt. Seema Rathore, Now Posted In Place Of The Appellant/petitioner On The Post Of Principal At Government Senior Secondary School, Hatroi, Jaipur. ----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) 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 Govt. Senior Secondary School, Hathroi, Jaipur with regular slary 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
[2025:RJ-JP:45946] (2 of 3) [CW-16815/2025] at Principal Seat, Jodhpur in D.B. Spl. Appl. Writ No.332/2025 : Pradeep Kumar Vs. State of Rajasthan and Ors. submits that the wife of the petitioner is posted in the District of Ajmer and the present petitioner is transferred from Govt. School, Hathroi, Jaipur to Govt. Sr. Secondary School, Rodhai, Karauli to accommodate respondent No.3. He also submits that it is duty of the respondents that the petitioner be transferred to the same place where his wife is working, who is also a Government servant. He also placed reliance upon order dated 04.11.2025 in SB CWP No.16789/2025 Kiran Vs. State of Rajasthan and Ors.
3. Aforesaid contentions were opposed by learned counsel 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. 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 his representation. If the
[2025:RJ-JP:45946] (3 of 3) [CW-16815/2025] petitioner is still aggrieved, he 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.
7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /351