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2025 DAILYLAW 48047 (RAJ)

OM PRAKASH SHARMA S/O DHULI LAL SHARMA v. STATE OF RAJASTHAN

CW/18549/2025 · 2025-12-04

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:49341] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18549/2025 Om Prakash Sharma S/o Dhuli Lal Sharma, Aged About 58 Years, R/o Baler Road, Bassi Mohalla, Khandar, District Sawaimadhopur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Sanskrit Education Department, Govt. Secretariat, Rajasthan, Jaipur. 2. The Commissioner, Sanskrit Education, Shiksha Sankul, Jaipur. 3. Kunj Bihari, Lecturer (General Grammar), Govt. Varistha Upadhyay Sanskrit School, Mansingh Circle, Choth Ka Barwara, Sawaimadhopur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Ms. Manju Joshi, AGC with Ms. Deepa Singh HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment / Order 04/12/2025 1. Instant writ petition has been preferred with following prayer; (I) Issue an appropriate writ order or direction in the nature thereof thereby, the impugned order dated 23.09.2025 (Annex. 1), Impugned Relieving order dated 24.09.2025 (Annex.2) passed by the respondents, Impugned Order dated 18.11.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 4595/2025 may kindly be quashed and set aside (ii) By issuing an appropriate writ, order or direction in the nature thereof, the Respondents may kindly be directed to continue the petitioner on the post of Lecturer (Samanay Vyakaran) at Govt. Varishtha Upadhaya Sanskrit School, Sahunagar, [2025:RJ-JP:49341] (2 of 3) [CW-18549/2025] Sawaimadhopur. (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. 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 15.07.1967 and in another one year and 10 months, he will be superannuated on 31.07.2027 from the service but the respondents have transferred him from Govt. Varishtha Upadhaya Sanskrit School Sahunagar, Sawaimdhopur. 3. Learned counsel for respondents 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. She also submits that if petitioner is on verge of retirement in another 22 months then he can submit a representation. She further undertake that the representation will be considered by the Department and will pass an appropriate order under intimation to the petitioner. 4. Having considered the submission and also considering the judgments as referred hereinabove, by both the parties, the writ [2025:RJ-JP:49341] (3 of 3) [CW-18549/2025] petition is disposed of with liberty to petitioner to submits representation to the respondent No.2 within 30 days 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 in light of ratio and policy of state within 4 weeks from 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 may re-approach the Court or any other Forum as provided under the law, if he is aggrieved of the decision of respondent No.2 6. In the meanwhile, the transfer order dated 23.09.2025 and relieving order dated 24.09.2025 qua petitioner shall remain stayed till disposal of representation by the respondent No.2. 7. The writ petition is disposed with pending application, if any. (ASHOK KUMAR JAIN),J MONU /343-S