VINOD KUMAR NAWARIA S/O SHRI NARAYAN v. STATE OF RAJASTHAN
CW/16919/2025 · 2025-11-14
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 47222 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47222 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:46040] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16919/2025 Vinod Kumar Nawaria S/o Shri Narayan, Aged About 50 Years, R/o 235, Block-A Mahal Yojna Vistar, Near Akshay Patra Chauraha, Jagatpura, Jaipur. Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur
2. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar and Ms. Pooja Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 14/11/2025
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) 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 in Mahatma Gandhi Govt. School, Dhamana Jaipur.
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
[2025:RJ-JP:46040] (2 of 3) [CW-16919/2025] District of Jaipur and the present petitioner is transferred from Mahatma Gandhi Govt. School Dhamana, Jaipur to Govt. Senior Secondary School, Semlifatak, Baran. 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 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.
[2025:RJ-JP:46040] (3 of 3) [CW-16919/2025]
7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /356