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2025 DAILYLAW 46396 (RAJ)

RAMKESH MEENA S/O SHRII GOPI RAM MEENA v. THE STATE OF RAJASTHAN

CW/17036/2025 · 2025-11-10

Sanjeet Purohit

body2025

Judgment text

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[2025:RJ-JP:44989] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17036/2025 Ramkesh Meena S/o Shrii Gopi Ram Meena, Aged About 35 Years, R/o Village And Post Karnawar, Tehsil Baswa, District, Dausa. ----Petitioner Versus 1. The State of Rajasthan through Commissioner, Schedule Caste Regional Development Department, Udaipur. 2. The Chief Execuitve Officer, Zila Parishad, Dausa. 3. The Director, Secondary Education, Bikaner. 4. The District Education Officer (Elementary), Pali, District, Pali. ----Respondents For Petitioner(s) : Mr. Banwari Lal Sharma, Mr. Namo Narayan Sharma For Respondent(s) : HON'BLE MR. JUSTICE SANJEET PUROHIT Order 10/11/2025 Instant writ petition under Article 226 of the Constitution of India, has been filed by the petitioner with the following prayers :- “i.) by an appropriate order or direction the impugned order dated 29.09.2025 (Ann.5) may kindly be quashed and set aside with a further direction to allow the petitioner to continue on the post on which he was performing his duties prior to passing of the impugned order. ii) If any order is passed during the pendency of the present appeal, the same may kindly be taken on record and be quashed and set aside. iii) To pass any other order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner”. Learned counsel for the petitioner submits that vide office order dated 10.07.2025, permission has been granted for deputation of petitioner from the post of Teacher (Level-II) to the [2025:RJ-JP:44989] (2 of 3) [CW-17036/2025] post of Superintendent in Government Scheduled Caste Boys Ashram Hostel, Karnawar, Bandikui. In pursuance of which, petitioner has already joined as Superintendent of the said Hostel on 16.07.2025. Counsel for the petitioner stated that although, said deputation was made initially for one year, however, respondents vide order dated 29.09.2025 has ordered to cancel the deputation of petitioner within one month and directed the petitioner to join back under the Office of District Education Officer (Elementary), Pali. Learned counsel for the petitioner further stated that challenging the order dated 29.09.2025, an appeal has already been filed by the petitioner before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short “the Appellate Tribunal”). Learned counsel for the petitioner has drawn attention of this Court to an interim order dated 11.08.2025 passed by the Appellate Tribunal in the case of similarly circumstanced person. It is further stated that although, appeal has already been filed by the petitioner way back on 01.10.2025, however, due to pendency and availability of listing numbers of matters, same is not considered on merits since last 40 days. The petitioner seeks limited indulgence of this Court. Learned counsel for the petitioner has relied upon an order dated 08.10.2025 passed by the coordinate Bench of this Court in S.B. Civil Writ Petition No.15396/2025: Smt. Divya Mathur Vs. State of Rajasthan & Ors., wherein following order has been passed :- “The material also indicate that without completing period of three years, the petitioner is transferred from Dist. Jaipur to Dist. Tonk as she was transferred to Dist. Jaipur from Dist. Bhilwara vide order dated 09.12.2022 where his husband is [2025:RJ-JP:44989] (3 of 3) [CW-17036/2025] working. The petitioner has also challenged the transfer order before the Rajasthan Civil Services Appellate Tribunal but due to pendency and availability of lesser number of members for the Bench, the matter is not considered on merits, therefore, in the interest of justice, the present petition is disposed of in following terms : (i) The petitioner is at liberty to pursue her remedy before the Rajasthan Civil Services Appellate Tribunal. The Tribunal is directed to expedite the petition, if any filed by petitioner. (ii) The petitioner is free to submit her representation within a period of two weeks to respondent No.2, who shall dispose of the same by speaking and reasoned order within four weeks from date of receipt of copy of representation. (iii) The order dated 22.09.2025 qua present petitioner shall remain stayed till the matter is taken up by Rajasthan Civil Services Appellate Tribunal, but after taking-up of matter by the Tribunal, the stay order shall be deemed to be vacated.” In this view of matter, in the interest of justice, present writ petition is disposed of with liberty to the petitioner to pursue the remedy in appeal so filed before the Appellate Tribunal. It is expected from learned Appellate Tribunal to expedite hearing of the appeal of petitioner. In the meantime and till appeal of petitioner is taken up for consideration of the stay application, order impugned dated 29.09.2025 (Ann.5) shall remain stayed. It is made clear that Appellate Tribunal shall decide stay application / appeal on own merits without being influenced by direction given by this Court. (SANJEET PUROHIT),J TN/102