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2025 DAILYLAW 50032 (RAJ)

RAJPAL RUHELA S/O SHRI BALDEVARAM v. STATE OF RAJASTHAN

CW/18088/2025 · 2025-11-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:47789] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18088/2025 Rajpal Ruhela S/o Shri Baldevaram, Aged About 37 Years, R/o Village Bairas Tehsil Laxmangarh District Sikar, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Govt. Senior Secondary School, Rinu District Sikar. 4. Daya Shankar Aswal, Principal At Govt. Senior Secondary School, Bidara District Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya 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) By an appropriate writ, order and direction, the Impugned order dated 22.09.2025 and relieving order dated 13.11.2025 (Annex.1 & 2) 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 in Govt. Senior Secondary School, Rinu District Sikar.” 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 [2025:RJ-JP:47789] (2 of 3) [CW-18088/2025] No.332/2025 : Pradeep Kumar Vs. State of Rajasthan and Ors. submits that the wife of the petitioner is posted in the District of Sikar and the present petitioner is transferred from Govt. Senior Secondary School, Rinu District Sikar to Govt. Sr. Secondary School, Sipla, Jaisalmer 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 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 [2025:RJ-JP:47789] (3 of 3) [CW-18088/2025] 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 /61