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2025 DAILYLAW 49651 (RAJ)

SUNIL KUMAR YADAV S/O ROHITASHVA SINGH YADAV v. STATE OF RAJASTHAN

CW/18172/2025 · 2025-11-25

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:47786] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18172/2025 Sunil Kumar Yadav S/o Rohitashva Singh Yadav, Aged About 53 Years, R/o Ward No. 3, Behror, District Kotputli- Behror (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Education Department, Secretariat, Jaipur (Raj.) 2. Director Secondary Education Rajasthan, Bikaner (Raj.) 3. Principal, Govt. Senior Secondary School, Dhis, District Kotputli- Behror (Raj.) 4. Mamta Gupta, Principal At Govt. Senior Secondary School Girudi, District Alwar (Raj.) ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. Instant writ petition has been filed by the petitioner with following prayer:- “i) Quashed and set aside the impugned order dated 22.09.2025 passed by the respondents, transferring the petitioner from Govt. Senior Secondary School, Dhis, District Kotputali-Behror (Raj) to Govt. Senior Secondary School, Konesa, District Dhaulpur (Raj.). ii) Quashed and set aside the reliving order dated 23.09.2025 by which respondents relived the petitioner from Govt. Senior Secondary School, Dhis, District Kotputali-Behror (Raj) to Govt. Senior Secondary School, Konesa, District Dhaulpur (Raj.). iii) The respondents may kindly be directed to permit the petitioner to continue on the post of Principal at the present place of posting i.e. Govt. [2025:RJ-JP:47786] (2 of 3) [CW-18172/2025] Senior Secondary School, Dhis, District Kotputali- Behror (Raj), in the interest of justice.” 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 that the wife of the petitioner is posted in the District of Kotputli-Behror and the present petitioner is transferred from Govt. Senior Secondary School, Dhis, Dist. Kotputli-Behror to Govt. Sr. Secondary School, Konesh, Dist. Dhaulpur to accommodate respondent No.4. He also submits that it is duty of the respondents that the petitioner be transferred to the same place where his wife is working, who is also a Government servant. He also placed reliance upon order dated 04.11.2025 in SB CWP No.16789/2025 Kiran Vs. State of Rajasthan and Ors. And order dated 17.11.2025 in SB CWP No.17323/2025 titled as Sanjay Vs. State of Rajasthan and Ors. 3. Aforesaid contentions were opposed by learned counsel appearing on behalf of the respondents and he submits 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 [2025:RJ-JP:47786] (3 of 3) [CW-18172/2025] 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 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 PREETI VALECHA /70