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2025 DAILYLAW 48886 (RAJ)

SUNITA GOGNA W/O NARENDRA SINGH GOGNA v. STATE OF RAJASTHAN

CW/17915/2025 · 2025-12-04

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:49295] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17915/2025 Sunita Gogna W/o Narendra Singh Gogna, Aged About 58 Years, R/o Gogna Gali Kaysthpara District Dholpur Raj (Employee Id Rjdh199114017241) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Director, Secondary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Sumit Kumar Jain For Respondent(s) : Ms. Pooja Sharma, AAAG, Mr. Vishal Kumar and Mr. S.M. Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 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 as impugned order dated 22.09.2025, and Order dated 12.11.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 4449/2025 titled as sunita gogna Vs. State & Ors., 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 principal, at Mahatma Gandhi Govt. School Diholi [211814] Dholpur. 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 (2 of 3) [CW-17915/2025] 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 01.11.1966 and in another 13 months, he will be superannuated on 31.10.2026 from the service but the respondents have transferred him from Dholpur to Karauli. 3. Learned counsel for respondent 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. He also submits that if petitioner is on verge of retirement in another 13 months then she can submit a representation. He 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 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 shall consider the representation on the basis of ground as referred in the representation and decide the same within 4 weeks of receipt of representation and communicate the decision to the petitioner by speed post or by E-mail, if petitioner has provided E-mail in her representation. (3 of 3) [CW-17915/2025] 5. The petitioner may re-approach the Court or any other Forum as provided under the law, if she is aggrieved of the decision of respondent. 6. In the meanwhile, the transfer order dated 22.09.2025 qua petitioner shall remain stayed till disposal of representation by the respondent. 7. The writ petition is disposed with pending application, if any. (ASHOK KUMAR JAIN),J PREETI VALECHA /320