Saroj Arya vs State Of Rajasthan
2021 Latest Caselaw 2493 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9831/2020

Saroj Arya D/o Shri Ravindra Nath, Aged About 55 Years, R/o Rani Bazar, Near Post Office, Bikaner, District Bikaner, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur, Rajasthan.

2. The Director, Secondary Education Bikaner, Rajasthan.

3. The Deputy Director, Secondary Education Bikaner Division Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Secondary Education, Bikaner, District Bikaner, Rajasthan.

5. The Headmaster/headmistress, Government Girls Secondary School, Soorsagar, Bikaner, District Bikaner, Rajasthan.

                                                                      ----Respondents


For Petitioner(s)             :     Mr. Kailash Jangid
For Respondent(s)             :     Mr. Vishal Jangid
                                    Mr. Hemant Choudhary


      HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
                     Judgment
29/01/2021

By way of the instant writ petition, a challenge has been laid

to the transfer order of the petitioner dated 14.09.2020

(Annexure-16), vide which he has been transferred from the

Government Girls Secondary School, Soorsagar, Bikaner, to

Government Aadarsh Senior Secondary School, Udairamsar,

Bikaner, and the relieving order dated 16.09.2020 (Annexure-17).

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the petitioner

is a lady having disability and is suffering from a disease of

(2 of 2) [CW-9831/2020]

multiple Myeloma in both legs. A certificate of permanent disability

is produced on record as Annexure-1. He further submits that the

petitioner cannot move without a wheel chair and it will be very

difficult for her to render the services at the transferred place,

which is about 30 kilometers from Bikaner. Therefore, it is prayed

that the petitioner may be posted at a nearby place in Bikaner

preferably at Laxmi Bai Damani Government Girls Senior

Secondary School, Bikaner, on the post of Librarian.

Learned counsel for the respondents, on instructions,

submits that the said post at Bikaner is though vacant but the

competent authority may be given liberty to examine the case of

the petitioner, and if, the petitioner is found suitable, she may be

considered for posting at Laxmi Bai Damani Government Girls

Senior Secondary School, Bikaner, on the post of Librarian. He

assures this Court that taking into consideration the medical

condition of the petitioner, her case will be considered

sympathetically.

Taking into account the facts and circumstances of the case,

the present writ petition is disposed of with the direction to the

petitioner to file a representation before the competent authority

within a period of one week from today and the respondents are

directed to consider the same for placing the services of the

petitioner at the vacant post of Librarian at Laxmi Bai Damani

Government Girls Senior Secondary School, Bikaner, within a

period of three weeks from today, strictly in accordance with law.

(VINIT KUMAR MATHUR),J

12-Payal/-

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