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2026 DAILYLAW 11583 (RAJ)

RAM KANWARI BADIYAR v. STATE OF RAJASTHAN

CW/18342/2026 · 2026-08-10

Yogendra Kumar Purohit

body2026

Judgment text

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[2026:RJ-JP:38123] (1 of 3) [CW-18342/2026] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18342/2026 CNR: RJHC010780732026 | URN: CW / 31690U / 2026 Ram Kanwari Badiyar W/o Manish Mundel, Aged About 35 Years, R/o Ward No. 09 Dhanapa Dist. Nagaur Jodhpur Raj. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary Home Dept. Jaipur Raj. 2. The Director General Of Prisons, Jaipur Raj. 3. Deputy Inspector General, Prisons Udaipur Kota-Ajmer Range Udaipur ----Respondents For Petitioner(s) : Mr. Divik Mathur For Respondent(s) : Mr. Govind Lal Suthar, Dy.G.C. HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order 10/08/2026 1. The instant writ petition has been filed by the petitioner with following prayer:- “i. That the impugned transfer order dated 10.07.2026 marked as (Anx. 7) passed by the respondent department may kindly be quashed and set aside qua the petitioner; ii. That the respondents may kindly be directed to continue the petitioner on the post of Prison Guard bearing belt No. 3122 at Upkaragar, Medta City with all consequential benefits; iii. Any other appropriate writ, order or direction which this Hon'ble Court deems just and appropriate may kindly be passed.” [2026:RJ-JP:38123] (2 of 3) [CW-18342/2026] 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 husband of the petitioner is posted in the Merta City, District Nagaur as Constable and the present petitioner is transferred from the Upkaragar, Merta City to Upkaragar, Deedwana. He also submits that it is duty of the respondents that the petitioner be transferred to the same place where her husband is working, who is also a Government servant. 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 7 days raising all grounds and the respondents-Authority are directed to decide the representation with a reasoned and speaking order within a period of 15 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 her representation. If the [2026:RJ-JP:38123] (3 of 3) [CW-18342/2026] petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition. 6. In the meanwhile, impugned order dated 10.07.2026 (Annex.7) qua the present petitioner shall remain stayed till disposal of the representation, by the respondents, if the petitioner has not joined at the new place of posting. In case the petitioner fails to file the representation with a period of 7 days from today, the interim order granted by this Court shall stand vacated automatically. 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (YOGENDRA KUMAR PUROHIT),J 73/Sombeer Singh