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2026 DAILYLAW 16044 (RAJ)

MAINA GARHWAL W/O SHRI SURESH KUMAR NAIN v. STATE OF RAJASTHAN

CW/1124/2026 · 2026-02-12

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:6721] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1124/2026 Maina Garhwal W/o Shri Suresh Kumar Nain, Aged About 38 Years, R/o Naina Ki Dhani, Vpo Beedasar, 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. Sr. Secondary School, Bidasar, Sikar. 4. Ratan Lal Panwar, Lecturer Gr. I, At Pm Shri Govt. Sr. Secondary School, Sadul, Bikaner. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Ms. Dhriti Laddha for Mr. Rajendra Prasad, AG HON'BLE MR. JUSTICE ANAND SHARMA Order 12/02/2026 1. Learned Additional Advocate General has apprised the Court that reply in compliance of order dated 30.01.2026 has been filed on behalf of respondent-Government, which is taken on record. 2. This writ petition has been filed by the petitioner against the order dated 10.01.2026 passed by Director Secondary School, Rajasthan, Bikaner whereby, petitioner has been transferred from Government Senior Secondary School, Bidasar, Sikar to Government Senior Secondary School, Aalsar, Churu. [2026:RJ-JP:6721] (2 of 2) [CW-1124/2026] 3. It is not in dispute that the transfer matter falls within the definition of service matters as defined under Section 2(f) of the Rajasthan Civil Services Appellate Tribunal Act, 1976 and as such alternate efficacious remedy of filing an appeal is available to the petitioner. No justified reasons has been given in the writ petition for not approaching the Tribunal for filing the appeal against the impugned transfer order. 4. Under these circumstances, this writ petition is disposed of with directions to the petitioner to file an appeal against impugned transfer order dated 10.01.2026 before the Tribunal within a period of 7 days from today and in case, appeal along with stay application is filed within the aforesaid period, the stay application shall be heard and decided by the Tribunal within a period of 15 days thereafter. Learned counsel for the petitioner indicated that vide order dated 21.01.2026, Coordinate Bench of this Court also passed interim order for staying the operation of impugned transfer order dated 10.01.2026. Such interim order shall continue till disposal of stay application by the Tribunal. 5. Pending application(s), if any, shall stand disposed of. (ANAND SHARMA),J NEERU/166