MADAN LAL BUNKAR S/O SHRI SHARWAN KUMAR v. STATE OF RAJASTHAN
CW/16646/2025 · 2025-11-01
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44623 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44623 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:43942] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16646/2025 Madan Lal Bunkar S/o Shri Sharwan Kumar, Aged About 54 Years, R/o 31, Bala Vihar-6, Benar Road, Near Lunawat Chamber, Jhotwara Jaipur, 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. Senior Secondary School, Dungari Khurd, Jaipur
4. Sita Ram Verma, Principal, Govt. Senior Secondary School, Dungari Khurd, Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Ms. Poojha Sharma and Mr. Vishal Kumar for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 01/11/2025
1. This writ petition has been filed by the petitioner aggrieved from the transfer order dated 22.09.2025 and relieving order dated 25.09.2025 with the following prayer:-
“1. By an appropriate writ order or direction, the impugned order dated 22.09.2025 and relieved order dated 25.09.2025 (Annexure-1 and 2) may kindly be quashed and set aside.
2. By an appropriate writ order or direction the respondents be directed to continue the petitioner on the post of Principal at present
[2025:RJ-JP:43942] (2 of 3) [CW-16646/2025] place of posting i.e. Govt. Senior Secondary School, Dungari Khurd Dist. Jaipur.”
2.
Learned counsel for petitioner while referring order dated 19.12.2019 in SB CWP No.20225/2019 titled as Gajanand Lakhmara Vs. Director, Secondary Education submits that the petitioner has been transferred during mid session from Jaipur to Bundi and same is contrary to transfer policy. He further submitted that petitioner has underwent joint replacement of knees in May, 2025 and it is very difficult for him to carry out his daily routine without assistance of family at Bundi. He further submitted that there are other family circumstances which were mentioned by the petitioner but the respondents have not taken care of the grounds existing with the petitioner.
3.
Learned counsel appearing on behalf of respondents submits that transfer is a part of service and on ground of administrative exigencies, the petitioner was transferred but in case, a representation is submitted to the respondents, then they will decide the representation after considering the condition of the petitioner.
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondent No.2 within a period of 30 days raising all grounds and the respondent-Authority is directed to decide the representation in light of ratio laid down in case referred hereinabove with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondent No.2 is under an obligation to communicate the
[2025:RJ-JP:43942] (3 of 3) [CW-16646/2025] 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.
5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /20