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2025 DAILYLAW 45464 (RAJ)

CHANDER KANTA GUPTA D/O SHRI DURGA PARSHAD GUPTA v. THE STATE OF RAJASTHAN

CW/19642/2025 · 2025-12-15

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:50537] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19642/2025 1. Chander Kanta Gupta D/o Shri Durga Parshad Gupta, Aged About 53 Years, R/o 139 Gandhi Nagar, Gali No. 4, District Sriganganagar. Presently Posted As Lecturer, Government Girls Senior Secondary School, Sardarpura, Bika, District Sriganganagar. 2. Padam Singh Rajawat S/o Nar Singh Rajawat, Aged About 61 Years, R/o, C-12 Krishna Nagar, Bajrang Nagar, Police Line Road, District Kota. 3. Om Prakash Meena S/o Suraj Mal Meena, Aged About 55 Years, R/o 2/73 Swami Vivkenand, Nagar, District Kota. Presently Posted As Prinicpal, Government Senior Secondary School, Kishorepura, (Sultanpur) District Kota. 4. Banwari Lal Meena S/o Kalu Ram, Aged About 54 Years, R/o P.o. Jugalpura, Sawalpura, District Sikar. Presently Posted As Senior Teacher, Government Upper Primary School, Chudala, District Sikar. 5. Jitendra Kumar Khandelwal S/o Balchand Khandelwal, Aged About 52 Years, R/o Housing Borad Colony, Bhawanimandi, District Jhalawar. Presently Posted As Lecturer, P.m. Shri Seth Anandilal Podar Government Senior Secondary School, Bhawanimandi, District Jhalawar. 6. Dinesh Kumar Rathore S/o Dhannalal Rathore, Aged About 51 Years, R/o Shivmandir Ke Pass, Tehsil Sunel District Jhalawar. Presently Posted As Vice Principal, Government Senior Secondary School, Sunel, District Jhalawar. 7. Satpal Verma S/o Ramji Lal, Aged About 53 Years, R/o Ward No.7 13H, Thadda Malkana Khurd Karanpur, District Sriganganagar. Presently Posted As Senior Teacher, Government Upper Primary School,39 Mod, Suratgarh. 8. Jasvinder Singh S/o Dalip Singh, Aged About 54 Years, R/o Ward No. 10, Kesrisinghpura, District Sriganganagar. Presently Posted As Senior Teacher, Government Senior Secondary School, 2 X, Karanpur. 9. Malkiat Ram S/o Gurbachan Ram, Aged About 56 Years, R/o Village 52 Gg Gulabewala, Tehsil Karanpur, District [2025:RJ-JP:50537] (2 of 10) [CW-19642/2025] Sriganganagar. Presently Posted As Teacher Level-I, Government Senior Secondary School, 2 Mm, Dharingawali. 10. Karam Singh S/o Shri Mukhtiyar Singh, Aged About 58 Years, R/o Ward No. 23 (Purana-17), Ware House Ke Piche, Tehsil Srikaranpur. Presently Posted As Lecturer, Government Senior Secondary School,9 Ff, Manjiwala. 11. Praveen Raber S/o Shri Ghanshyam Dass, Aged About 57 Years, R/o H.n.15, Adarsh Nagar, District Sriganganagar. Presently Posted As Senior Teacher, Government Senior Secondary School, 20 Gg District Sriganganagar. 12. Hardayal Sharma S/o Pooranmal Sharma, Aged About 57 Years, R/o Village Post Bibipur Chhota , Via Roru Badi, District Sikar. Presently Posted As Principal, Government Senior Secondary School, Chachiwad Bada, District Sikar. 13. Naresh Kumar Gupta S/o Om Prakash, Aged About 57 Years, R/o Gali No. 14 , Nai Abdi, Hanumangarh Town, District Hanumangarh. Presently Posted As Principal, Government Senior Secondary School, Nandram Ki Dhani, District Hanumangarh. 14. Sanjeev Kumar Kataria S/o Parmanand Kataria, Aged About 55 Years, R/o Gali No. 7 Nai Abadi, Hanumangarh Town, District Hanumangarh. Presently Posted As Principal, Government Senior Secondary School, Nirwana District Hanumangarh. 15. Jagdish Kumar S/o Brijlal, Aged About 49 Years, R/o Vpo Chunawadh, District Sriganganagar. Presently Posted As Senior Teacher, Government Senior Secondary School, 54 Gg, District Sriganganagar. 16. Smt. Manju Sharma D/o Shri Banwari Lal Sharma, Aged About 60 Years, R/o Ward No. 32, Near Brama Kumari Asharm, Behind Bishnoi Temple Sangaria, District Hanumangarh. Presently Posted As Teacher Grade-Iii, Government Girls Upper Primary School, Ninar Bhadra. 17. Subhash Dhetrawal S/o Shri Phool Singh, Aged About 58 Years, R/o Ward No. 38 Shivpura Bass, Tehsil Bhadra District Hanumangarh. Presently Posted As Lecturer, Government Senior Secondary School, Ramgadhiya. 18. Anand Kumar S/o Phoola Ram, Aged About 58 Years, R/o [2025:RJ-JP:50537] (3 of 10) [CW-19642/2025] Ward No. 24 Old State Bank Wali Gali Bhadra District Hanumangarh. Presently Posted As Teacher Grade-Ii, Government Senior Secondary School,ramgadhiya. 19. Pratap Singh S/o Shri Rameshwar Lal, Aged About 59 Years, R/o Village Jhatawa Kalan Malsisar, District Jhunjhunun. Presently Posted As P.t.i. Grade-Iii, Government Senior Secondary School, Ramgadhiya. 20. Manoj Kumar Karnik S/o Shri Om Prakash Karnik, Aged About 53 Years, R/o B-255, Brilliant School Ke Pass Baran New Nakoda Colony Baran, District Baran. Presently Posted As Lecturer, Government Senior Secondary School, Iklera. 21. Pawan Kumar Meena S/o Shri Hari Bhan Meena, Aged About 48 Years, R/o Vpo Karoda Teshil Behror, Kotputli, Behror. Presently Posted As Lecturer, Bheemraj Government Senior Secondary School, Behror. 22. Pappu Ram S/o Kanaram, Aged About 54 Years, R/o Vpo Choola, Tehsil Bansur, District Kotputli Behror. Presently Posted As Teahcer Grade Iii, Government Primary School, Bawli Ka Bass , Bansur Kotputli Behror. 23. Maheepal Singh Yadav S/o Khairati Lal Yadav, Aged About 51 Years, R/o Vpo Bhoopsera, Tehsil Bansur, Kotputali, Bahror. Presently Posted As Teacher Grade-Iii, Government Senior Secondary School, Choola Bansur, Kotputli Bahror. 24. Ganga Dhar Swami S/o Lal Chand, Aged About 54 Years, R/o Vpo Phephana, Tehsil Nohar District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Khinania. 25. Daleep Kumar Nai S/o Net Ram, Aged About 53 Years, R/o Shyodanpura Post Khinania Tibbi, District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Khinania, District Hanumangarh. 26. Ram Niwas S/o Lalchand, Aged About 51 Years, R/o Vpo Ratanpura, Tehsil Nohar District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Jasana (Nohar). 27. Veer Singh S/o Tek Singh, Aged About 56 Years, R/o Ward [2025:RJ-JP:50537] (4 of 10) [CW-19642/2025] No. 13, Sadulsahar, District Sriganganagar. Presently Posted As Teacher Level-I, Government Senior Secondary School, Budhsinghwala. 28. Mange Ram S/o Sohan Lal, Aged About 49 Years, R/o Village Jananiya , P.o. Phephana, Tehsil Nohar, District Hanumangarh. Presently Posted As Teacher Level-I, Government Senior Secondary School, Dhandhusar. 29. Manju Kohli S/o Shri Om Prakash Kohil, Aged About 59 Years, R/o 78 Block District Sriganganagar. Presently Posted As Lecturer, Government Senior Secondary School, Koni, . 30. Ali Sher Khan S/o Wahid Ali Khan, Aged About 53 Years, R/o Kotri Mahnukhan Khanzada, Agura Mohalla, Ward No.42, District Churu. Presently Posted As Teacher Level- Ii, Seth Shri Ramrallabh Gorisariya Government Senior Secondary School, Somavi, District Churu. 31. Om Prakash S/o Rameshwar Lal, Aged About 53 Years, R/o Vpo Dabri Tehsil Bhadra District Hanumangarh. Presently Posted As Senior Teacher, Government Girls Upper Primary School, Dabri Bhadra. 32. Subhash Chander S/o Banwari Lal, Aged About 52 Years, R/o Vpo Bhirani , Tehsil Bhadra District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Uttaradabas, Tehsil Bhadra District Hanumangarh. 33. Sumita D/o Shree Chand, Aged About 57 Years, R/o Vpo Bhangarh, Tehsi Bhadra, District Hanumangarh. Presently Posted As P.e.t. Grade-Iii, Mahatma Gandhi Government School, Ganeshpura Bas Bhadra. 34. Krishan Lal S/o Birbal Ram, Aged About 59 Years, R/o 9/37, R.h.b. Colony Hanumangarh Junction, District Hanumangarh. Presently Posted As Lecturer, Sahed Chamkaur Singh Government Senior Secondary School, Dabli, Rathan. 35. Manjit Kaur S/o Shiv Ram, Aged About 55 Years, R/o Ganeshpura Bas Ward No. 34 (Bhadra), District Hanumangarh. Presently Posted As Teacher Grdae-Iii, Government Senior Secondary School, Sherpura, Bhadra. 36. Kavita Mittal D/o Birbal Das Mittal, Aged About 52 Years, [2025:RJ-JP:50537] (5 of 10) [CW-19642/2025] R/o H.n. 78 D Sector No. 6 Hanumangarh Junction District Hanumangarh. Presently Posted As Teacher Level- Ii, Government Senior Secondary School, Makkasar. 37. Devendra Kumar Sharma S/o Shri Jamana La Sharma, Aged About 54 Years, R/o Plot No. E-22A, Prem Nagar, Gaggar Marg- Jhotwara, District Jaipur. Presently Posted As Senior Teacher, Government Senior Secondary School, Havi Das Ka Bas District Sikar. 38. Birbal Singh S/o Keshar Dev, Aged About 60 Years, R/o Village Shivsinghpura, Post Kudli District Sikar. 39. Ramdev Singh S/o Shri Baldev Singh, Aged About 65 Years, R/o Vpo Bherupura Via Sikar, Vaya District Sikar. 40. Shivdayal Bhukar S/o Shri Goruram Bhukar, Aged About 66 Years, R/o Vpo Dinarpura, Vaya Katrathal, District Sikar. 41. Om Prakash Kumhar S/o Munshi Ram Kumhar, Aged About 52 Years, R/o Vpo Dhandhela Tehsil Nohar District Hanumangarh. Presently Posted As Lecturer, Government Girls Senior Secondary School, Hanumangarh Junction. 42. Sukhdev Kumar S/o Nathuram, Aged About 59 Years, R/o Ward No.34 Barkat Colony, Hanumangarh Town, District Hanumangarh. Presently Posted As Teacher Level-I, Government Senior Secondary School, Ranjeetpura, District Hanumangarh. 43. Raj Kamal S/o Kesho Ram, Aged About 52 Years, R/o Suryanagar Gali No. 3 Ward No. 32 Near Foi Road Hanumangarh Town, District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, 22 Ag. 44. Hardutt Singh S/o Sahab Ram, Aged About 55 Years, R/o Vpo Topriya, Tehsil Nohar District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Gandhinagar, Rawatsar. 45. Smt. Asha Sharma D/o Shri Ram Krishan Sharma, Aged About 48 Years, R/o Om Shakti Mohalla, Jharli, Tehsil Srimadhopur District Sikar. Presently Posted As Senior Teacher, Government Senior Secondary School, Burja Ki Dhani, Ajitgarh, Tehsil Srimadhopur. 46. Purana Ram Meghwal S/o Narayan, Aged About 56 Years, [2025:RJ-JP:50537] (6 of 10) [CW-19642/2025] R/o Vpo Lachhari Tehsil Ladnun, District Deedwana Kuchaman. Presently Posted As Senior Teacher, Government Upper Primary School, Anesariyan Ladnun, District Deedwana Kuchaman. 47. Rajender Singh Yadav S/o Shri Rameshwar Singh, Aged About 59 Years, R/o 60 Shri Ram Nagar- Ii Khirni Phatak Road Kanta Jhotwara, District Jaipur. Presently Posted As Vice Principal ,government Senior Secondary School, Sushilpura, Jaipur West, District Jaipur. 48. Manishikha Saxena D/o Shri Parmeshwar Nath Saxena, Aged About 51 Years, R/o 1616 Basant Vihar In Frant Of Dhyancand Siadian, Kota. Presently Posted As Lecturer ,government Senior Secondary School, Santoshi Nagar, Kota. 49. Ram Karan Yadav S/o Hanuman Prasad Yadav, Aged About 59 Years, R/o Vpo Pawana Ahirtech - Kotputli, District Kotputli Behror. Presently Posted As Lecturer ,government Senior Secondary School, Pawanaahir, Kotputil. 50. Smt. Manju Gupta D/o Ramesh Chand Gupta, Aged About 52 Years, R/o Ujjawal Vihar, H-49, Arhant Nursingh College Ke Pass Borkeda District Kota. Presently Posted Lecturer, Mahatma Gandhi Government School, Multi Purpose Gumanpura, District Kota. 51. Ram Phool Meena S/o Lichhman Ram Meena, Aged About 52 Years, R/o Village Kundroli Post Chandpura Tehsil Rajgarh, District Alwar. Presently Posted As Vice Principal ,government Senior Secondary School,ramnagar Tehsil Loonkarsar District Bikaner. 52. Mhadev Ram S/o Purkha Ram, Aged About 51 Years, R/o Village Keriya Makda Post Padu Khurd Via Padu Kallan Riyan District Nagaur. Presently Posted As Teacher Level- I, Shaheed B.r.k. Government Senior Secondary School, Karwasron Ki Dhani, Merta City District Nagaur. 53. Abdul Hamid Bhati S/o Ramjan Ali Bhati, Aged About 58 Years, R/o Chimpo Ka Mohalla Hospital Road Village Nimbi Jodhan Tehsil Ladnun District Deedwana Kuchaman. Presently Posted As Vice Principal , Government Senior Secondary School, Kasumbi, Ladnun. 54. Gulab Chand Sharma S/o Dharnidhar Sharma, Aged [2025:RJ-JP:50537] (7 of 10) [CW-19642/2025] About 51 Years, R/o Pareek Colony Kuchaman City District Deedwana Kuchaman. Presently Posted As Principal ,government Senior Secondary School, Loonwa. 55. Prabhu Daya Raigar S/o Rameshwar Lal Raigar, Aged About 51 Years, R/o Vpo Bhadwa Tehsil Keshangarh Renwal District Jaipur. Presently Posted As Vice Principal, Government Senior Secondary School, Lunwa District Deedwana Kuchaman. ----Petitioners Versus 1. The State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur 3. Director, Secondary Education Department, Rajasthan, Bikaner. 4. Director, Elementary Education Department, Rajasthan, Bikaner. 5. Joint Director , School Education, District Bikaner. 6. Joint Director, School Education, District Jodhpur. 7. District Education Officer (Headquarter), Elementary Education, District Hanumangarh. 8. District Education Officer (Headquarter), Secondary Education, District Hanumangarh. 9. District Education Officer (Headquarter), Elementary Education, District Sriganganagar. 10. District Education Officer (Headquarter), Secondary Education, District Sriganganagar. 11. District Education Officer (Headquarter), Elementary Education, District Nagaur. 12. District Education Officer (Headquarter), Secondary Education, District Nagaur. 13. District Education Officer (Headquarter), Elementary Education, District Deedwana. 14. District Education Officer (Headquarter), Secondary Education, District Deedwana. [2025:RJ-JP:50537] (8 of 10) [CW-19642/2025] 15. District Education Officer (Headquarter), Elementary Education, District Sikar. 16. District Education Officer (Headquarter), Secondary Education, District Sikar. 17. District Education Officer (Headquarter), Elementary Education, District Jodhpur. 18. District Education Officer (Headquarter), Secondary Education, District Jodhpur. 19. District Education Officer (Headquarter), Elementary Education, District Phalodi. 20. District Education Officer (Headquarter), Secondary Education, District Phalodi. 21. District Education Officer (Headquarter), Elementary Education, District Jhalawar. 22. District Education Officer (Headquarter), Secondary Education, District Jhalawar. 23. District Education Officer (Headquarter), Elementary Education, District Jaipur. 24. District Education Officer (Headquarter), Secondary Education, District Jaipur. 25. District Education Officer (Headquarter), Elementary Education, District Kotputli Behror. 26. District Education Officer (Headquarter), Secondary Education, District Kotputli Behror. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/12/2025 1. This writ petition has been filed by the petitioners with the following prayer:- [2025:RJ-JP:50537] (9 of 10) [CW-19642/2025] “i. By an appropriate writ, order or direction, the respondents may be directed to provide salary of summer vacation to the petitioners; and ii. By an appropriate writ, order or direction, the date of appointment of the petitioners may be declared to be their date of increment and other service benefits; and iii. By an appropriate writ, order or direction, pay scale of the petitioners may be revised considering benefits of seventh pay commission. iv. By an appropriate writ, order or direction, the respondents may be directed to pay all the service benefits of the petitioners.” 2. During course of arguments, learned counsel for petitioners submits that the petitioners may be granted permission to file an appropriate representation before the respondents- Authority to consider and resolve their grievances, in light of judgments in case of Jorawar Singh Vs. State of Rajasthan & Ors. (SBCWP No.555/2005) and Yogesh Kumar Pareek Vs. State of Rajasthan & Ors. (SBCWP No.3534/2009). 3. Considered the grievance raised herein, the petitioners are 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 consider and decide the representation after enquiry about grievances, raised by the petitioners in light of ratio laid down in case of Jorawar Singh Vs. State of Rajasthan & Ors. (supra) and Yogesh Kumar Pareek Vs. State of [2025:RJ-JP:50537] (10 of 10) [CW-19642/2025] Rajasthan & Ors. (supra) but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation. If the petitioners are still aggrieved, they are at liberty to approach this Court with fresh petition. 4. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /95