ASHOK KUMAR SAXENA S/O HAR PRASAD SAXENA v. STATE OF RAJASTHAN
CW/17623/2025 · 2025-11-18
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42849 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42849 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:46412] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17623/2025 Ashok Kumar Saxena S/o Har Prasad Saxena, Aged About 58 Years 2 Months, R/o 68, Laxmi Nagar, Near Dev P.g. College, Tonk Road, Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Principal, Govt. Sr. Secondary School, Abhaypura, Jaipur.
4. Meenu Kumawat, The Principal, Mahatma Gandhi Govt.school, Marwa Dudu, Jaipur. ----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 29.09.2025 (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, Abhaypura, Jaipur.
2.
Learned counsel for petitioner while placing reliance upon
judgment in case of Om Prakash Chopra Vs. State of
[2025:RJ-JP:46412] (2 of 3) [CW-17623/2025] 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 24.07.1967 and in another 22 months, he will be superannuated on 31.07.2027 from the service but the respondents have transferred him from Govt. Sr. Secondary School, Abhaypura, Jaipur.
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 22 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 though through speed post or by E-mail. On receipt of representation, the respondent No.2 shall consider the representation on the basis of ground as referred in the
[2025:RJ-JP:46412] (3 of 3) [CW-17623/2025] representation in light of judgments as referred hereinabove and decide the same within 4 weeks from date 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 /400-S