SNEH SUMAN W/O SHRI SURENDRA DANGI v. THE STATE OF RAJASTHAN
CW/9462/2026 · 2026-05-26
Anand Sharma V J
Transfer Petitionbody2026
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[ 2026 DAILYLAW 8339 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 8339 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:22372] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9462/2026 Sneh Suman W/o Shri Surendra Dangi, Aged About 53 Years, R/o B-338, Jagannathpura Kalwar Road, Kanta Choraha, Jhotwara, Jaipur (Raj.) ----Petitioner Versus
1. The State Of Rajasthan, Through Additional Chief Secretary, School/ Sanskrit Education Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2. Commissioner, Sanskrit Education, Rajasthan, Jaipur (Raj.)
3. Divisional Sanskrit Education Officer, Sanskrit Education, Rajasthan, Jaipur (Raj.)
4. The Principal, Govt. Upper Primary Sanskrit School, Hathoj, Jaipur (Raj.)
5. Anil Kumar Sain, Teacher Gr.ii (Sanskrit), Govt. Varistha Upadhyay Sanskrit School Baghawas, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Sandeep Garssa, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 26/05/2026
1. Petitioner has filed the instant writ petition challenging
order dated 06.01.2026, whereby she has been transferred from Government Upper Primary Sanskrit School Hathoj, Jaipur to Government Upper Primary Sanskrit School Jodhula Neechla, Jaipur, Kotputli-Behror. He has also assailed relieving order dated
08.05.2026.
2. It is stated by learned counsel for the petitioner that on the date when the petitioner was transferred vide order dated
[2026:RJ-JP:22372] (2 of 3) [CW-9462/2026] 06.01.2026, she was already assigned duties by the Election Department for conducting census work, therefore, one order dated 13.03.2026 was issued by the Competent Authority for withdrawing the transfer orders passed in respect of employees, who have been assigned census duties, however, such withdrawal was only till the period during which duty was there in SIR.
3. Grievance of the petitioner is that thereafter vide order dated 21.04.2026, the withdrawal order dated 13.03.2026 has also been further withdrawn by the Director Secondary Education and further directions were given that if, still a person is performing duties as per the directions of Census Department/Election Department then without seeking due permission from the authorities, she should not be relieved.
4.
Learned counsel for the petitioner submits that despite the aforesaid circumstances, petitioner has been illegally relieved vide order dated 08.05.2026. Under these circumstances, she filed Appeal No.1296/2026 before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, 'the Tribunal'), which has been dismissed by the learned Tribunal vide order dated
19.05.2026.
5. Heard learned counsel for the parties and perused the record.
6. It is a settled proposition of law that transfer is an incidence of service and no one can claim to be posted at a particular place for all times to come and it is well within the jurisdiction of the Government to transfer any employee as per administrative exigency.
[2026:RJ-JP:22372] (3 of 3) [CW-9462/2026]
7. In the instant case, this Court finds that although order dated 06.01.2026 was issued by the Competent Authority, yet only in order to avoid any contradiction between the orders passed by Census Department/Election Department, subsequent order dated 13.03.2026 was issued for withdrawing the earlier inconsistent transfer orders, yet subsequently another order dated 21.04.2026 was passed, whereby transfer orders were revived subject to condition that persons transferred shall not be relieved without approval of the Competent Authority.
8. This Court finds that it has been recorded by learned Tribunal in its order dated 19.05.2026 that the petitioner was relieved vide order dated 08.05.2026 after due permission given by the District Collector and District Magistrate. It has also been recorded that the District Collector and District Magistrate had cancelled the SIR/election/census duties of the employees, who were under transfer. Under these circumstances, this Court does not find any illegality or infirmity in order dated 19.05.2026 passed by the learned Tribunal, nor is there any illegality in transfer order dated 06.01.2026 and relieving order dated
08.05.2026.
9. In view of above, this Court finds that the writ petition filed by the petitioner is wholly misconceived and devoid of any merit, hence, the same, is hereby, dismissed.
10. Pending application(s), if any, stand(s) disposed of.
(ANAND SHARMA),J 58/Jatin