DIPIKA SAGAR D/O SHRI PURUSHOTTAM DAS W/O LT. SHRI DURGESH SHANKAR LAL v. STATE OF RAJASTHAN
CW/18434/2025 · 2025-12-04
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47806 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47806 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49308] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18434/2025 Dipika Sagar D/o Shri Purushottam Das W/o Lt. Shri Durgesh Shankar Lal, Aged About 48 Years, R/o 251/13, Pratap Enclave Haldighati Marg Pratap Nagar, Jaipur Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Principal, Govt. Sr. Secondary School, Kapoorawala, Jaipur.
4. Shri Pankaj Kumar Gupta, Principal, Govt. Sr. Secondary School, Kapoorawala, Jaipur ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Ms. Pooja Sharma and Mr. Vishal Kumar 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 24.09.2025 (Annexure 2) passed by the respondents and impugned order dated 18.11.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in appeal no. 4615/2025 may kindly be quashed and set aside. ii) By an appropriate writ, order and direction, the respondents be directed to continue the petitioner
[2025:RJ-JP:49308] (2 of 3) [CW-18434/2025] on the post at Govt. Senior Secondary School, Kapoorawala Jaipur. iii) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the
facts and circumstances of the case in favour of the petitioner. iv) Cost of the writ petition be also awarded in favour of petitioner.
2. Learned counsel for petitioner while placing reliance upon notification dated 30.05.2022 issued by the Administrative Reforms Department of Govt. of Rajasthan and further reproduced in guideline dated 14.07.2022 by the Education Department submits that the respondent nos. 1 and 2 under an obligation to give effect to the policy guideline as issued from time to time by the administrative reforms department and also issued with approval of the Government to the Department. He further submitted that the petitioner has approached Rajasthan Civil Services Appellate Tribunal, Jaipur but no stay was granted to the petitioner but in appeal no. 4363/2025 and 4362/2025 identically placed Neelam Mahawar and Archana Sharma were granted stay orders and they were continued at same place by staying the operation of the order issued by the respondent no.2.
3. Aforesaid contentions were opposed by learned counsel appearing on behalf of the respondents and they submitted 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.
[2025:RJ-JP:49308] (3 of 3) [CW-18434/2025]
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.
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 /330