Jagdish Prasad Jat vs State Of Rajasthan (2025:Rj-Jd:54263)
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Rajasthan High Court - Jodhpur

Jagdish Prasad Jat vs State Of Rajasthan (2025:Rj-Jd:54263) on 16 December, 2025

[2025:RJ-JD:54263]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 23685/2025

Jagdish Prasad Jat S/o Hardev Jat, Aged About 57 Years,
Resident Of Rindalya Rampura, Block Todaraisingh, District Tonk,
Rajasthan.
                                                                                   ----Petitioner
                                              Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Department              Of     Education,           Government              Secretariat,
         Jaipur, Rajasthan.
2.       Director, Secondary Education, Rajasthan Directorate Of
         Secondary Education Bikaner, Rajasthan.
3.       District Education Offcer (Secondary), Tonk, Rajasthan.
4.       District         Education           Officer        (Secondary),              Banswara,
         Rajasthan.
                                                                             ----Respondents


For Petitioner(s)                  :     Mr. Bhupendra Singh Bhati.
For Respondent(s)                  :



             HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

16/12/2025

1. Heard on final disposal.

2. The present writ petition has been filed challenging the

transfer order dated 23.11.2025 (Annex.-4).

3. The challenge is made on two grounds. The first ground is

that the said transfer is made at the instance of the

President of Ruling Political Party and not for any

'Administrative Exigency'. It means that the petitioner is

attributing malafides against the private party as well as the

Director, who transferred the petitioner.

(D.B. SAW/1867/2025 has been filed in this matter. Please refer the same for further orders) (Uploaded onon16/12/2025 (Downloaded 18/12/2025atat05:35:35 08:53:43PM) PM) [2025:RJ-JD:54263] (2 of 3) [CW-23685/2025]

4. The second ground is that the petitioner is due to retire

within two years. The executive instructions and transfer

policy require certain special considerations in respect of

persons who are due to retire within two years.

5. I have gone through the writ petition, wherein only

allegation is made against the President of certain Political

Party, who addressed the Letter (Annex.-3). The said letter

do not indicate whether the said letter was with the Ministry

and there is no acknowledgment of the said letter and the

transfer order do not refer the such letter and when the

malafides are attributed to the Transferring Authority, he

should to be made party-in person, which is not there.

6. The above background of the facts, the ground of malafides

is unsustainable and same is rejected.

7. The petitioner claims that the petitioner is due to retire

within two years and there are executive instructions and

transfer policies of the State Government, which enable the

Transferring Authority to give special consideration for such

kind of persons.

8. 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

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:-

(D.B. SAW/1867/2025 has been filed in this matter. Please refer the same for further orders) (Uploaded onon16/12/2025 (Downloaded 18/12/2025atat05:35:35 08:53:43PM) PM) [2025:RJ-JD:54263] (3 of 3) [CW-23685/2025]

"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."

9. The present case of the petitioner is falling under Clause-(ii)

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).

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

(MUNNURI LAXMAN),J 343-PKS/-

(D.B. SAW/1867/2025 has been filed in this matter. Please refer the same for further orders) (Uploaded onon16/12/2025 (Downloaded 18/12/2025atat05:35:35 08:53:43PM) PM)

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