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2025 DAILYLAW 43532 (RAJ)

SAMRATH LAL DHAMANIYA S/O MOHAN LAL DHAMANIYA v. STATE OF RAJASTHAN

CW/18138/2025 · 2025-12-04

Ashok Kumar Jain

body2025

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[2025:RJ-JP:49300] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18138/2025 Samrath Lal Dhamaniya S/o Mohan Lal Dhamaniya, Aged About 50 Years, R/o Kanora, Pratapgarh, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Govt. Sr. Secondary School, Rathanjana, Pratapgarh. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Ms. Pooja Sharma, AAAG, Mr. Vishal Kumar and Mr. S.M. Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 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 22.09.2025 (Annexure 1) and impugned relieving order dated 15.11.2025 (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 in Govt. Sr. Secondary School, Rathanjana, Pratapgarh. 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:49300] (2 of 3) [CW-18138/2025] 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 Rajsamand and the present petitioner is transferred from Govt. Sr. Sec. Schhol Rathanjana, Pratapgarh to Govt. Sr. Sec. School, Sema, Rajsamand. 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. 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. 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 petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition. [2025:RJ-JP:49300] (3 of 3) [CW-18138/2025] 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 /323