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2025 DAILYLAW 48281 (RAJ)

BHANWAR LAL S/O SHRI PITCHA RAM v. STATE OF RAJASTHAN

CW/18440/2025 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49315] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18440/2025 Bhanwar Lal S/o Shri Pitcha Ram, Aged About 53 Years, R/o Village Vijaypura Post Rulayana Mali Tehsil Nechawa District Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur 2. The Director, Secondary Education, Bikaner Rajasthan. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Ms. Pooja Sharma, AAAG 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 relieving order dated 13.11.2025 and order dated 23.11.2025 (Annexure 2,3 and 5) and impugned order dated 18.11.2025 (Annexure-4) passed by Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal no. 4673/2025 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. Sr. Secondary School, Ramnagar, District Sikar. 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. [2025:RJ-JP:49315] (2 of 3) [CW-18440/2025] 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 Ors. submits present petitioner is transferred from Govt. Senior Secondary School, Ramnagar District Sikar to Govt. Senior Secondary School, Meendasari, District Didwana Kuchama within a short span of five months. He also submits that it is duty of the respondents that the petitioner be transferred to the same place where he was posted earlier. 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 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 his representation. If the [2025:RJ-JP:49315] (3 of 3) [CW-18440/2025] petitioner is still aggrieved, he 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 /333