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2025 DAILYLAW 44589 (RAJ)

VIJAY BHAN S/O RAMSWAROOP v. STATE OF RAJASTHAN

CW/18432/2025 · 2025-12-04

Ashok Kumar Jain

body2025

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[2025:RJ-JP:49307] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18432/2025 Vijay Bhan S/o Ramswaroop, Aged About 51 Years, R/o Village Hamirwas Tehsil Rajgarh District Churu, 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, Shahid Vinod Kumar Govt. Senior Secondary School, Harpalu District Churu. 4. Megha Ram Meena, Principal, Shahid Vinod Kumar Govt. Senior Secondary School, Harpalu District Churu. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya 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 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 at Sahid Vinod Kumar Govt. Senior Secondary School, Harpalu, Dist. Churu. [2025:RJ-JP:49307] (2 of 3) [CW-18432/2025] 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 wife of the petitioner is posted in the District of Churu and the present petitioner is transferred from Sahid Vinod Kumar Govt. Sr. Secondary School, Harpalu Dist. Churu to Govt. Sr. Secondary School, Bhandsar, Dist. Bikaner. 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 [2025:RJ-JP:49307] (3 of 3) [CW-18432/2025] petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition. 6. In the meanwhile, impugned transfer order dated 22.09.2025 and relieving order dated 24.09.2025 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 /329