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2025 DAILYLAW 48549 (RAJ)

JYOTI PATHAK WIFE OF LATE SHRI PRAVEEN PATHAK v. SECRETARY

CW/19647/2025 · 2025-12-15

Ashok Kumar Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19647/2025 Jyoti Pathak Wife Of Late Shri Praveen Pathak, Aged About 44 Years, Resident Of 5A, Chatrasaal Nagar, Malviya Nagar, Jaipur, Presently Posted As Professor/lecturer In Literature Shastra, Government Senior Upadhyay Sanskrit School, Mohanpura, Sanganer, Jaipur. Rjjp200518031291 ----Petitioner Versus 1. Secretary, Sanskrit Education, Rajasthan, Jaipur. 2. Commissioner, Sanskrit Education, Shiksha Sankul, Rajasthan, Jaipur. 3. Priya Rani Jain, Lecturer In Literature Shastra, Government Senior Upadhyay Sanskrit School, Hajaripura. ----Respondents For Petitioner(s) : Mr. Rahul Vishnoi Mr. Namo Narayan Sharma Mr. Banwari Lal Sharma For Respondent(s) : Ms. Deepa Singh for Ms. Manju Joshi HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/12/2025 1. This writ petition has been filed by the petitioner with the following prayer:- “by an appropriate writ, order or direction, the impugned transfer order dated 23.09.2025 passed by the respondent No. 2 may kindly be quashed and set aside.” 2. Learned counsel for petitioner while placing reliance upon circular letter dated 24.09.2019 issued by Government of (2 of 3) [CW-19647/2025] Rajasthan submits that respondents are under an obligation to give effect to the policy guideline issued from time to time approved by Government of Rajasthan. He further submits that the petitioner has approached Rajasthan Civil Service Appellate Tribunal, Jaipur but no stay was granted to the petitioner but in several cases stay was granted. He also placed reliance upon orders in SB CWP No.13958/2021, Manju Swami Vs. State of Rajasthan & Others, passed by a Co-ordinate Bench of this Court. 3. Ms. Deepa Singh on behalf of Ms. Manju Joshi put in appearance for respondent Nos.1 & 2 and submit that petitioner may submit a representation and same shall be considered. 4. 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 consider and decide the representation on the basis of grounds as raised by the petitioner 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 is at liberty to approach this Court with fresh petition. (3 of 3) [CW-19647/2025] 5. In the meanwhile, transfer order dated 23.09.2025 qua the petitioner shall remain stayed till decision of the representation. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /42