MOHAN LAL KHATIK SON OF SHRI BHURA RAM KHATIK v. STATE OF RAJASTHAN
CW/18488/2025 · 2025-12-05
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47990 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47990 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49791] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18488/2025 Mohan Lal Khatik Son Of Shri Bhura Ram Khatik, Aged About 58 Years And Five Months, Resident Of E-69, Jagdamba Nagar, Kalwar Road, Jhotwara, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, School Education Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Director, Secondary Education, Government Of Rajasthan, Bikaner.
3. Chief District Education Officer, Udaipur.
4. Suresh Kumar Lakhera, Principal Now Posted In Place Of Petitioner In Government Senior Secondary School, Jobner, Jaipur. ----Respondents For Petitioner(s) : Mr. Pawan Sharma for Mr. Ashok Bansal For Respondent(s) : Ms. Pooja Sharma, AAAG and Mr. Vishal Kumar for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 05/12/2025
1. Instant writ petition has been filed by the petitioner with following prayer:-
“It is, therefore, prayed that this writ petition may kindly be allowed and by appropriate writ, order or directions, the impugned orders dated 23.11.2025 may kindly be quashed and set aside. That the respondents may further be directed to allow the petitioner to continue to work on the post of Principal, Government Senior Secondary School, Jobner, Jaipur with regular salary and all benefits.
[2025:RJ-JP:49791] (2 of 3) [CW-18488/2025] That any other relief which this Hon’ble Court may deem fit in favour of the petitioner may also be awarded to the petitioner. That the cost of the writ petition may also kindly be awarded in favour of petitioner.”
2.
Learned counsel for petitioner while placing reliance upon
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 20.06.1967 and date of retirement of petitioner is 30.06.2027 and only eighteen months remain in his retirement and petitioner is sufffering from neuro disease and treatment is going on at present place of posting but the respondents without considering said facts have transferred him from Govt. Senior Secondary School, Jobner, Jaipur to Govt. Senior Secondary, Ujoli, Khairthal Tijara.
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.
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
[2025:RJ-JP:49791] (3 of 3) [CW-18488/2025] 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 petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.
6. In the meanwhile, impugned order dated 23.11.2025 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 /405