SHIVJI RAM KUMHAR SON OF SHRI RAMPAL KUMHAR v. THE STATE OF RAJASTHAN
CW/18516/2025 · 2025-12-05
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46749 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46749 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49558] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18516/2025 Shivji Ram Kumhar Son Of Shri Rampal Kumhar, Aged About 46 Years, Resident Of 193, In Front Of Krishi Upaj Mandi, Kishangarh, Indra Nagar, Kishangarh Rural, Ajmer-305801. ----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Department Of Secondary Education, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Elementary Education And Additional State Project Director (Senior), Samgra Shiksha Abhiyan (Smsa), Bikaner, Rajasthan.
3. Kamal Kishore Khatik, Principal, Government Senior Secondary School, Jhalo Ka Kalwana, Udaipur. ----Respondents For Petitioner(s) : Mr. Banwari Lal Sharma Mr. Namo Narayan Sharma For Respondent(s) : Mr. Manoj Sharma, AAG with Ms. Pooja Sharma and Mr. Vishal Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 05/12/2025
1. This writ petition has been filed by the petitioner with the following prayer:- (i) by an appropriate writ, order or direction, the impugned transfer order dated 22.09.2025 passed by the respondent No.2 may kindly be quashed and set aside. (ii) 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 petitioners.
[2025:RJ-JP:49558] (2 of 3) [CW-18516/2025]
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 Ajmer and the present petitioner is transferred from Government School Deendwara, Ajmer to Government Senior Secondary School Awaye Jaislmer. 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 decision, 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:49558] (3 of 3) [CW-18516/2025] petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.
6. In the meanwhile, impugned order dated 22.09.2025 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 GAURAV /406