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2025 DAILYLAW 42039 (RAJ)

JAGMOHAN LAL MEENA S/O ANANDI LAL MEENA v. STATE OF RAJASTHAN

CW/17625/2025 · 2025-11-18

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:46413] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17625/2025 Jagmohan Lal Meena S/o Anandi Lal Meena, Aged About 59 Years, R/o Vpo Fulwara, Tehsil Wazirpur, District Sawaimadhopur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Govt. Sr. Sec. School, Ahmadpur, Aliganj, Gangapur City, Sawai Madhopur 4. Narendra Kumar Sharma, Principal, Govt. Sr. Secondary School, Limbarwada, Pratapgarh ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar & Mr. S.M. Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/11/2025 1. Instant writ petition has been preferred with following prayer; i) By an appropriate writ, order and direction, the Impugned order dated 22.09.2025 (Annexure -1) and impugned relieving order dated 24.09.2025 (Annexure -2) may kindly be quashed and set aside. ii) By an appropriate writ, order and direction, the respondents be directed to continue the petitioner on the post of Principal, Govt. Sr. Secondary School, Ahmadpur Aligang, Sawaimadhopur. 2. Learned counsel for petitioner while placing reliance upon judgment in case of Om Prakash Chopra Vs. State of [2025:RJ-JP:46413] (2 of 3) [CW-17625/2025] Rajasthan in S.B. Civil Writ Petition No.15799/2025 (order dated 03.09.2025), Jhabar Singh Vs. State of Rajasthan in D.B. Civil Writ Petition No.237/2025 (order dated 27.03.2025) and Pushpa Mehta Vs. State of Rajasthan in Civil Special Appeal No.1430/1999 and submits that the date of birth of present petitioner is 30.03.1967 and in another 17 months, he will be superannuated on 31.03.2027 from the service but the respondents have transferred him from Govt. Sr. Secondary School, Ahmadpur Aliganj, Sawaimadhopur, to Naya Boria, Pratapgarh. 3. Learned AAG while placing reliance upon judgment in case of Sultan Singh Sahu Vs. State of Rajasthan in S.B. Civil Writ Petition No.18959/2025 (order dated 16.10.2025) passed by a Coordinate Bench at Principal Seat, Jodhpur submits that petitioner has no right to claim transfer at particular place rather the petitioner is transferred on the basis of administrative exigencies. He also submits that if petitioner is on verge of retirement in another 17 months then he can submit a representation. He further undertake that the representation will be considered by the Department and will pass an appropriate order under intimation to the petitioner. He further submits that till the time, the order may be stayed by Hon’ble Court. 4. Having considered the submission and also considering the judgments as referred hereinabove, by both the parties, the writ petition is disposed of with liberty to petitioner to submits representation to the respondent No.2 within a period of 4 weeks. On receipt of representation, the respondent No.2 shall consider the representation on the basis of ground as referred in the [2025:RJ-JP:46413] (3 of 3) [CW-17625/2025] representation and decide the same within 4 weeks of receipt of representation and communicate the decision to the petitioner by speed post or by E-mail, if petitioner has provided E-mail in his representation. 5. The petitioner may re-approach the Court or any other Forum as provided under the law, if he is aggrieved of the decision of respondent No.2 6. In the meanwhile, the transfer order dated 22.09.2025 shall remain stayed till disposal of representation by the respondent No.2. 7. The writ petition is disposed with pending application, if any. (ASHOK KUMAR JAIN),J GAURAV /401-S