[2025:RJ-JP:42820] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15926/2025 Brij Kishore Shara S/o Shri Brijmohan Sharma, Aged About 59 Years, Resident Of Plot No. 21, Bhagat Path, Sindhu Nagar, Murlipura, Sikar Road, Jaipur (Raj.) Pin 302039. Presently Posted As Awaiting Posting Order At The Office Of The Director Secondary Education And The Substantively Working As Principal At Mahatma Gandhi Government School, Jalsu (218587) District Jaipur. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary Department Of School Education And Language Department, Government Secretariat, Government Of Rajasthan, Jaipur. 2. The Director, Secondary Education, Office Of Director Secondary Education At Bikaner, Government Of Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Kamal Kant Sharma Mr. Nandini Verma For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar, Ms. Pooja Sharma and Mr. S.M. Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/10/2025 1. Instant writ petition has been preferred with following prayer; (A) That the order dated 07/10/2025 passed by the learned Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 4233/2025 titled Brij Kishore Sharma v/s State of [2025:RJ-JP:42820] (2 of 4) [CW-15926/2025] Rajasthan may kindly be declared illegal and the same may kindly be ordered to be quashed and set aside. (B) The impugned transfer order transfer order bearing No. शश/मा/संसा/बी1 बी2/ एपीओ / पदसापन/ पाचारर- उपपाचारर /2024-25 / ई- 32183 (27) शदनांक 10/09/2025 issued by the respondent No. 2 whereby the services of the humble Petitioner have been ordered to be transferred from Awaiting Posting Order at Bikaner to Government Senior Secondary School, Kishanpura (218476) Block Govindgarh, District Jaipur (Raj.) distance of about 90 kilometers against while the humble Petitioner is at the verge of retirement and the order dated 04/08/2025 whereby the deputation of the Petitioner has been ordered to be cancelled may kindly be ordered to be quashed and set aside. (C) The respondents may further kindly be directed to transfer the humble Petitioner at nearby Jaipur City looking to the fact that the humble Petitioner is at the verge of retirement. 2. Learned counsel for petitioner while placing reliance judgment in case of Om Prakash Chopra Vs. State of Rajasthan in S.B. Civil Writ Petition No.15799/2025 (order dated 03.09.2025), Jhabar Singh Vs. State of Rajasthan in D.B. Civil Writ Petition No.237/2025 (order dated 27.03.2025) and Pushpa Mehta Vs. State of Rajasthan in Civil Special Appeal No.1430/1999 and submits that the date of birth of present petitioner is 10.04.1966 and in another 6 months, he will be superannuated from the service and the [2025:RJ-JP:42820] (3 of 4) [CW-15926/2025] respondents have transferred him to Government Senior Secondary School, Kishanpura, Govindgarh Block, Jaipur. 3. Learned AAG while placing reliance upon judgment in case of Sultan Singh Sahu Vs. State of Rajasthan in S.B. Civil Writ Petition No.18959/2025 (order dated 16.10.2025) passed by a Coordinate Bench at Principal Seat, Jodhpur submits that petitioner has no right to claim transfer at particular place rather the petitioner is transferred on the basis of administrative exigencies. He also submits that if petitioner is on verge of retirement in another 6 months that he can submit a representation to respondent No.2. He assures that the representation will be considered by the Department and will pass an appropriate order under intimation to the petitioner. He further submits that till the time, the order may be stayed by this Hon’ble Court. 4. Having considered the submission and also considering the judgments as referred hereinabove, by both the parties, the writ petition is disposed of with liberty to petitioner to submit a representation to the respondent No.2 within a period of 2 weeks though speed post or by E-mail. On receipt of representation, the respondent No.2 shall consider the representation on the basis of ground as referred in the representation and decide the same within 4 weeks of receipt of representation and communicate the decision to the petitioner by speed post or by E-mail, if petitioner has provided E-mail in his representation. 5. The petitioner will have a right to re-approach the Court or any other Forum as provided under the law, if he is aggrieved of the decision of respondent No.2 [2025:RJ-JP:42820] (4 of 4) [CW-15926/2025] 6. The order dated 10.09.2025 (Annexure 1) shall remain stayed till disposal of representation by the respondent No.2. (ASHOK KUMAR JAIN),J GAURAV /38