Kailash Chandra Jain vs State Of Rajasthan (2025:Rj-Jd:51826)
2025 Latest Caselaw 16331 Raj

Rajasthan High Court - Jodhpur

Kailash Chandra Jain vs State Of Rajasthan (2025:Rj-Jd:51826) on 1 December, 2025

[2025:RJ-JD:51826]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 23195/2025

Kailash Chandra Jain S/o Shri Vimal Prakash Jain, Aged About 44
Years, R/o Near Chavanda Mata Mandir, Railmagra, District
Rajsamand (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Director, Secondary
         Education, Bikaner.
2.       The District Education Officer (S), Rajsamand.
3.       The Chief District Education Officer, Rajsamand.
4.       The Chief Block Education Officer, Railmagra, District
         Rajsamand.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Naresh Singh for
                                Mr. Rakesh Arora.
For Respondent(s)         :



            HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

01/12/2025

1. The present writ petition has been filed challenging the

transfer order dated 23.11.2025 (Annex.-6), whereby, the

petitioner was transferred from Rajsamand to Udaipur.

2. The case of the petitioner is that the wife of the petitioner is

working at Rajsamand and the petitioner falls under the

category of spouse case enumerated in the transfer policy

issued under the executive instructions.

3. This Court has already considered the various judgments and

executive instructions issued by the State Government

dealing with the transfer of an employee in the case of

(Uploaded on 01/12/2025 at 05:56:47 PM)

[2025:RJ-JD:51826] (2 of 2) [CW-23195/2025]

Sultan Singh Sahu vs. State of Rajasthan & Anr.: S.B.

Civil Writ Petition No. 18959/2025 and other

connected matters, decided on 16.10.2025. The operative

portion of this judgment reads as under:-

"31. In the result, all these writ petitions are disposed of as follows:-

(i) This Court is not inclined to interfere in the orders of transfer;

(ii) The liberty is to the petitioners who are claiming preferential rights either under the executive instructions/transfer policy or who are retiring within two years or persons suffering with disability to make representations. Such representations shall be filed only after joining in the transferred post.

Any such representations are filed, the same shall be considered within a month keeping in view the executive instructions/transfer policy vis-a-vis administrative needs.

(iii) Other petitioners who are claiming various preferential rights under the above executive instructions/transfer policy are given liberty to make a representation in the upcoming general transfers, if any. If any such representations are made, the respondent-authorities shall consider the same according to the policy as well as administrative needs."

4. The present case of the petitioner is falling under Clause-(iii)

of para-31 of the case of Sultan Singh Sahu (supra),

therefore, the present writ petition is disposed of in the same

terms as given in the case of Sultan Singh Sahu (supra).

5. Pending applications, if any, stand disposed of.

(MUNNURI LAXMAN),J 217-PKS/-

(Uploaded on 01/12/2025 at 05:56:47 PM)

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