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2025 DAILYLAW 48439 (RAJ)

KHUSHBU YADAV D/O DILIP SINGH YADAV W/O LATE ASHOK KUMAR YADAV v. THE STATE OF RAJASTHAN

CW/18237/2025 · 2025-11-25

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:48359] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18237/2025 Khushbu Yadav D/o Dilip Singh Yadav W/o Late Ashok Kumar Yadav, Aged About 32 Years, R/o Near Digital Library, Gadh Colony, Kotputli, District Kotputli-Behror, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Additional Chief Secretary, Public Health And Engineering Department, Govt. Secretariat, Rajasthan, Jaipur. 2. The Chief Engineer (Administration), Public Health And Engineering Department, Rajasthan, Jaipur. 3. The Superintendent Engineer, Public Health And Engineering Department, Circle Kotputli-Behror. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Aaditya Godara, AAAG for Ms. Mahi Yadav, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. Instant writ petition is preferred by the petitioner with following prayer:- i) Issue an appropriate writ, order and direction, the Impugned order dated 15.01.2025 (Annex.3) & Impugned Order dated 14.11.2025 (Annex.4) may kindly be quashed and set aside. ii) Issue an appropriate writ order or direction in the nature thereby, the respondents be further direction to allow work at present place of posting i.e. Sub Division Kotputli on the post of Junior Assistant. 2. Learned counsel for the petitioner submits that the petitioner is appointed on compassionate grounds and the responsibility to [2025:RJ-JP:48359] (2 of 3) [CW-18237/2025] look after the family is upon the present petitioner but the respondents have transferred the petitioner from Kotputli to Khandar (Sawai Madhopur). 3. He referred circular dated 14.07.2022 issued by the Department of Education and submitted that even the Government has recognized grievance of a widow lady and given them preferential treatment at the time of transfer. He submits that similar direction may be passed against the respondents. 4. Mr. Aaditya Godara, AAAG for Ms. Mahi Yadav, AAG accepts notice on behalf of the respondents. Office is directed to reflect name of Ms. Mahi Yadav, AAG as counsel for the respondents. 5. Having considered the submissions and also the material placed on record, it is appropriate to dispose of the writ petition with liberty to the petitioner to file a representation to the respondents, who shall consider the representation considering the grievance as raised by the petitioner. 6. 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 in light of circular dated 14.07.2022 but in case of deviation, 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 her representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition. [2025:RJ-JP:48359] (3 of 3) [CW-18237/2025] 7. In the meanwhile, impugned transfer order dated 15.01.2025 and order dated 14.11.2025 qua the present petitioner shall remain stayed till disposal of the representation, by the respondents. 8. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/79