RISHIKESH MEENA S/O SHRI MURARI LAL MEENA v. STATE OF RAJASTHAN
CW/9320/2026 · 2026-05-26
Anand Sharma V J
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8522 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8522 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:22401] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9320/2026 Rishikesh Meena S/o Shri Murari Lal Meena, Aged About 40 Years, R/o Village And Post Choti Udai Tehsil Wazirpur District Sawai Madhopur, 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, Jeevli District Sawai Madhopur.
4. Smt. Ramkesh Bairwa, Principal At Govt. Senior Secondary School, Jeevli District Sawai Madhopur. ----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) : Mr. Vishal Kumar for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ANAND SHARMA
Order 26/05/2026
1. Petitioner has filed the present writ petition feeling aggrieved by the transfer order dated 22.09.2025 issued by the Director, Secondary Education, Bikaner, whereby he has been transferred from Government Senior Secondary School, Jeevli, Sawai Madhopur to Government Senior Secondary School, Kumheri, Dholpur.
2. It is stated that the petitioner is holding the post of Principal in respondent-department. His wife Smt. Radha Meena is also working on the post of Vice Principal in the same department
[2026:RJ-JP:22401] (2 of 4) [CW-9320/2026] and is posted at Government Girls Senior Secondary School, Gangapurcity, District Sawai Madhopur. Whereas, the petitioner has been transferred vide impugned order in another district away from his wife’s posting, which is against the consistent policy of the State Government providing that, in case, husband and wife both are in Government service, then endeavour should be made to keep both of them at the nearest places.
3. It is further contended that feeling dissatisfied with the transfer order dated 22.09.2025, the petitioner preferred one S.B. Civil Writ Petition No.17831/2025 before this Court, which was
disposed of by the Co-ordinate Bench of this Court vide order dated 21.11.2025, granting liberty to the petitioner to submit a representation to the respondents and at the same time, the transfer order as also relieving order of the petitioner were stayed till disposal of the representation. In pursuance of order passed by the Co-ordinate Bench of this Court, the petitioner submitted a detailed representation to the respondents on 19.12.2025; however, the same was rejected vide order dated 02.02.2026.
4.
Learned counsel for the petitioner further contented that being dissatisfied by order dated 02.02.2026, the petitioner filed an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter to be referred as ‘the Tribunal’), which too was dismissed by the Tribunal vide order dated 30.04.2026. The petitioner challenged the transfer order as also order dated
30.04.2026. Hence, the petitioner has once again approached this Court by way of instant writ petition.
[2026:RJ-JP:22401] (3 of 4) [CW-9320/2026]
5. While pressing the writ petition, the petitioner relied upon order dated 01.12.2025 passed by Division Bench of this Court in Harvinder Singh Vs. The State of Rajasthan & Ors. (D.B. Special Appeal Writ No.1723/2025) to argue that the Division Bench in the similar circumstances disposed of the aforesaid appeal directing the State Government to allow posting both husband and wife at the same place in any one District.
6. Heard and considered.
7. In view of the foregoing discussion, the limited grievance raised by the petitioner is that both he and his spouse are Government servants serving under the same Department and, as per the departmental policy, an effort ought to be made to post them at the nearest possible stations. It is contended that, in disregard of such policy, the petitioner has been transferred to another district, resulting in undue hardship and inconvenience to the family.
8. Having regard to the nature of the grievance, this Court considers it appropriate to dispose of the present writ petition by granting liberty to the petitioner to submit a fresh representation along with certified copy of this order to the Director, Secondary Education Department, Bikaner within a period of fifteen days from today, indicating his willingness to be posted at any place within the State of Rajasthan, preferably in the same district as his spouse, without insisting upon any particular station. In the event, such a representation is submitted, the Director, Secondary Education, shall consider the same in accordance with law and by applying the applicable policy, and pass a reasoned and speaking
[2026:RJ-JP:22401] (4 of 4) [CW-9320/2026]
order within a period of one month, thereafter, with due
consideration to the claim of posting the husband and wife in the same district.
9. Till the said representation is decided, the petitioner shall be permitted to continue at the place where he was posted prior to issuance of the impugned transfer order. It is, however, made clear that, in case, the petitioner fails to submit the representation within the stipulated period, the interim protection granted herein shall automatically stand vacated upon expiry of fifteen days from the date of this order and the respondents shall be at liberty to give effect to the impugned transfer order in accordance with law.
10. Writ petition is disposed of accordingly.
11. Pending application(s), if any, shall also stand disposed of.
(ANAND SHARMA),J DIVYA /312