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2025 DAILYLAW 42494 (RAJ)

MITESH KUMARI W/O UDAI SINGH v. STATE OF RAJASTHAN

CW/17250/2025 · 2025-11-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:46408] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17250/2025 Mitesh Kumari W/o Udai Singh, Aged About 43 Years, R/o Flat No. F2, Plot No. 11, Bhagwati Nagar-I, Kartarpura, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Education Department, Government Of Rajasthan, Secretariat Jaipur (Raj.) 2. Director, Secondary Education, Bikaner, Rajasthan. 3. Saroj Choudhary, Principal, Presently Working At Government Senior Secondary School, Nevta, Sanganer, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Tanmay Dhand 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 filed by the petitioner with following prayer:- i) By an appropriate writ, order and direction, the Impugned order dated 04.11.2025 passed by the learned Rajasthan Civil Services Appellate Tribunal, Jaipur in appeal No.4383/2025 tiled as Mitesh Kumar Vs. State of Rajasthan & Ors. may kindly be quashed and set aside (Annexure -5). ii) By an appropriate writ, order or directions, the transfer order dated 22.09.2025 (Annexure-3) to the extent of the petitioner may kindly be quashed and set aside. Iii) By an appropriate writ, order or directions, the petitioner may kindly be allowed to serve within the same district as the spouse. [2025:RJ-JP:46408] (2 of 3) [CW-17250/2025] 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 Ors. submits that the husband of the petitioner is posted in the District of Bandikui and the present petitioner is transferred from the post of Principal & equivalent, Govt. Senior Secondary School Nevta, Jaipur to Principal & Equivalent Shaheed S.I. Hemraj Sharma Govt. Senior Seondary School Mamroda, Didwana- uchman. 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 judgment as referred hereinabove. After passing the order, the respondents are under an obligation to communicate the decision to the petitioner [2025:RJ-JP:46408] (3 of 3) [CW-17250/2025] 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. 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /397-S