Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 44063 (RAJ)

DHANNE SINGH BHAMU S/O SHRI CHHATU SINGH BHAMU v. STATE OF RAJASTHAN

CW/15798/2025 · 2025-10-16

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15798/2025 Dhanne Singh Bhamu S/o Shri Chhatu Singh Bhamu, Aged About 48 Years, R/o Vpo Bhilunda, Via Sihotbadi, District Sikar, 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, Ghana, Sikar, Rajasthan. 4. Goverdhan Lal Verma, Principal, Govt. Sr. Secondary School, Baghela, Churu. ----Respondents Connected With S.B. Civil Writ Petition No. 15799/2025 Laxman Singh Bhamu S/o Shri Chhatu Singh Bhamu, Aged About 48 Years, R/o Vpo Bhilunda, Via Sihotbadi, District Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Sanskrit Education Department, Govt. Secretariat, Jaipur 2. The Commissioner, Sanskrit Education Department, Jaipur, Rajasthan. 3. The Principal, Govt. Varishtha Upadhayay Sanskrit School, Ghirnaiya Bara Sikar. Rajasthan. ----Respondents S.B. Civil Writ Petition No. 15863/2025 Ram Chandra Singh Bagaria ----Petitioner Versus State of Rajasthan ----Respondents S.B. Civil Writ Petition No. 15864/2025 Rajesh Kumar Chulet S/o Shri Kanhaiya Lal Sharma, Aged About 50 Years, R/o Ward No. 13, Pushp Nagar, Srimadhopur, Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. (2 of 5) [CW-15798/2025] 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Shaheed Bhanwar Singh Govt. Sr. Secondary School, Prithvipura, Sikar. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Mr. Manoj Sharma, AAG Ms. Deepa Singh for Ms. Manju Joshi, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 S.B. Civil Writ Petition No. 15798/2025S.B. Civil Writ Petition No. 15799/2025S.B. Civil Writ Petition No. 15864/2025: 1. Mr. Manoj Sharma, AAG accepts notice on behalf of respondents. 2. Office is directed to reflect name of Mr. Manoj Sharma, AAG as counsel for respondents. 3. During course of arguments, learned counsel for petitioner offers to withdraw writ petitions with liberty to approach Rajasthan Civil Services Appellate Tribunal and if required, re-approach this Court. 4. Having considered aforesaid, writ petitions are disposed of as withdrawn with liberty as prayed for. The Rajasthan State Civil Appellate Tribunal is directed to consider the appeal in accordance with law, if filed by the petitioner(s). 5. Misc. application, if any, stands disposed of. S.B. Civil Writ Petition No. 15863/2025: (3 of 5) [CW-15798/2025] 1. Mr. Manoj Sharma, AAG accepts notice on behalf of respondent. Ms. Deepa Singh is appearing on behalf of Ms. Manju Joshi, AGC. 2. Learned counsel for petitioner submits that on 31.01.2027, the petitioner is going to attain age of superannuation and just before that, petitioner has been transferred from Sikar to Nagaur and same is in contravention of transfer policy and administrative circulars. He further pleaded other grounds as referred in the writ petition. He placed reliance upon order dated 12.12.2019 in S.B. Civil Writ Petition No.21005/2019 titled as Mahendra Kumar Vs. State of Rajasthan, order dated 14.12.2019 in S.B. Civil Writ Petition No.21353/2019 titled as Sundaram Vs. Director, Secondary Education and Anr., order dated 29.11.2019 in S.B. Civil Writ Petition No.20237/2019 titled as Dr. Bhupendra Kumar Tiwari Vs. State of Rajasthan and Ors. and order dated 08.10.2025 in S.B. Civil Writ Petition No.15396/2025 titled as Smt. Divya Mathur Vs. State of Rajasthan and Ors. passed by this Hon’ble Court at Jaipur and order dated 06.01.2023 in S.B. Civil writ Petition No.19424/2022 titled as Bajran Lal Raigar Vs. State of Rajasthan and Ors., order dated 19.12.2022 in S.B. Civil Writ Petition No.18482/2022 titled as Ram Lal Saini Vs. State of Rajasthan and Ors., order dated 05.03.2020 in S.B. Civil Writ Petition No.3312/2020 titled as Umesh Khitoliya Vs. State of Rajasthan and Ors., order dated 07.05.2025 in D.B. Spl. Appeal Writ No.632/2025 titled as Choti Devi Vs. State of Rajasthan and Ors. passed by different Benches of this Hon’ble Court at Principal Seat at Jodhpur. He also placed reliance (4 of 5) [CW-15798/2025] upon order dated 14.12.2017 in D.B. Special Appeal Writ No.1037/2017 titled as Magraj Sharma Vs. State of Rajasthan and Ors., order dated 22.10.2020 in S.B. Civil Writ Petition No.11111/2020 titled as Karni Singh Vs. State of Rajasthan and Ors., order dated 20.01.2021 in S.B. Civil Writ Petition No.1356/2021 titled as Rakesh Kumar Saini Vs. State of Rajasthan and Ors., order dated 25.10.2021 in S.B. Civil Writ Petition No.14863/2021 titled as Nisha Singh Vs. State of Rajasthan and Ors., order dated 10.10.2023 in S.B. Civil Writ Petition No.15852/2023 titled as Nand Singh Vs. State of Rajasthan and Ors., order dated 15.10.2024 in S.B. Civil Writ Petition No.16764/2024 titled as Sohan Lal Dara Vs. State of Rajasthan and Ors., order dated 21.10.2024 in S.B. Civil Writ Petition No. 17064/2024 titled as Laxman Singh Vs. State of Rajasthan and Ors., order dated 22.08.2022 in S.B. Civil Writ Petition No.11481/2022 titled as Mushtaque Ahmed Vs. State of Rajasthan and Ors. passed by different Benches of this Hon’ble Court at Principal Seat, Jodhpur. He also referred order dated 17.07.2018 in S.B. Civil Writ Petition No.14770/2018 titled as Kamal Nayan Kothari Vs. State of Rajasthan, order dated 13.07.2018 in S.B. Civil Writ Petition No.14551/2018 titled as Smt. Jessy Subastian Vs. State of Rajasthan and Ors., order dated 08.10.2025 in S.B. Civil Writ Petition No.15396/2025 titled as Smt. Divya Mathur Vs. State of Rajasthan, order dated 22.10.2019 in S.B. Civil Writ Petition No.17626/2019 titled as Kusum Vs. State of Rajasthan and Ors., order dated 26.09.2025 in S.B. Civil Writ Petition No.5189/2025 titled (5 of 5) [CW-15798/2025] as Smt. Indu Vs. State of Rajasthan and Ors. passed by different Benches of this Hon’ble Court at Jaipur. 3. Learned AAG vehemently opposed the contentions raised by learned counsel for petitioner and petitioner has been transferred due to administrative exigencies. He placed reliance upon order dated 03.10.2025 in S.B. Civil Writ Petition No. 15140/2025 titled as Shri Lal Meena Vs. State of Rajasthan and Anr. 4. Having considered the submissions of learned counsel for both the parties, the claim of the petitioner as mentioned in the writ petition indicated that he is going to be superannuated on 31.01.2027 and he has been transferred from one place to another. Several grounds were raised to challenge the impugned order. The counsel has placed reliance upon judgments/orders as referred hereinabove passed in identical circumstances by this Court at Jaipur and at Principal Seat at Jodhpur. 5. The matter requires consideration by this Court, hence tranfser order dated 22.09.2025 (Annexure-1) and relieving order dated 24.09.2025 (Annexure-2) shall remain stayed till next date of hearing. 6. Issue notice to respondent No.4. 7. Additional service by speed post is also permitted. 8. List on 20.11.2025. (ASHOK KUMAR JAIN),J PREETI VALECHA /266-269