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2025 DAILYLAW 47769 (RAJ)

ANITA BHASKAR W/O KAMAL KUMAR BHARIA v. STATE OF RAJASTHAN

CW/18446/2025 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49321] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18446/2025 Anita Bhaskar W/o Kamal Kumar Bharia, Aged About 48 Years, R/o Behind Shiv Temple, Fatehpur Road Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Govt. Senior Secondary School, Narodara Shivrana Ka Bas, District Sikar. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Ms. Pooja Sharma, AAAG and Mr. Vishal Kumar, Mr. S.M. Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 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) and Impugned Relieving Order dated 11.10.2025 (Annexure 2) 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 at Govt. Senior Secondary School, Narodara Shivrana Ka Bas District Sikar.” 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 [2025:RJ-JP:49321] (2 of 3) [CW-18446/2025] Ors. submits that the husband of the petitioner is posted at Shri Kalyan Govt. Girls College, Sikar and the present petitioner is transferred from Govt. Sr. Secondary School, Narodara Shivrana Ka Bas, Sikar to Govt. Sr. Secondary School, Pithrasar, Bikaner. He also submits that it is duty of the respondents that the petitioner be transferred to the same place or nearby place where her husband is working, who is also a Government servant. 3. Aforesaid contentions were opposed by learned counsel 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 her representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition. [2025:RJ-JP:49321] (3 of 3) [CW-18446/2025] 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 CHETNA BEHRANI /336