Sukhveer Kaur vs The State Of Rajasthan ...
2026 Latest Caselaw 5741 Raj

Rajasthan High Court - Jodhpur

Sukhveer Kaur vs The State Of Rajasthan ... on 13 April, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:17217]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 3393/2026

Sukhveer Kaur W/o Shri Abhishek Ataliya, Aged About 30 Years,
R/o     75-76,       Dara       Colony,       Near        Chandigarh        Hospital,
Hanumangarh Junction, District Hanumangarh.
                                                                        ----Petitioner
                                      Versus
1.       The State Of Rajasthan, Through Secretary, School
         Education      Department,            Government          Of     Rajasthan,
         Secretariat, Jaipur.
2.       The Director, Secondary Education, Rajasthan, Bikaner.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Vishal Jangid
For Respondent(s)           :     Mr. Sajjan Singh Rathore, AAG
                                  Mr. Rajendra Singh Bhati



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

13/04/2026

By way of filing the present writ petition, the petitioner has

prayed for the following reliefs:-

"It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed with costs and by an appropriate writ, order or direction;

1. The transfer order dated 9.1.2026 (Annex.5) as well as order dated 30.1.2026 (Annex.7) may very kindly be quashed and set aside with all its natural consequences qua the petitioner.

2. The respondents may very kindly be directed to consider grievance of the petitioner in light of the relevant circular/ policy decisions/guidelines objectively and provide posting at the nearby place of residence forthwith;

3. Any other relief/reliefs which this Hon'ble High Court may deem just and proper in the circumstances of the case, may kindly be granted in favour of petitioner."

2. Learned counsel for the petitioner submitted that the

petitioner has challenged the transfer order dated 09.01.2026

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[2026:RJ-JD:17217] (2 of 3) [CW-3393/2026]

(Annexure-05) as well as the order dated 30.01.2026 (Annexure-

07) passed by the Rajasthan Civil Services Appellate Tribunal,

Bench at Jodhpur, in Appeal No. 239/2026, titled "Sukhveer Kaur

vs. State of Rajasthan & Anr.", whereby the appeal preferred by

the petitioner against her transfer from PM Shri Government

Senior Secondary School, Sector 12, Ward No. 13, Hanumangarh

Junction, Hanumangarh, to Government Senior Secondary School,

Saharani, Hanumangarh, has been rejected. The challenge is

primarily on the ground that the petitioner is the sole caregiver of

her disabled father-in-law and aged mother-in-law, and is also

required to take care of her minor child aged about 1 to 1½ years.

It is contended that her transfer from the present place of posting

would cause her grave hardship and mental agony.

3. Mr. Sajjan Singh Rathore, learned AAG, while supporting the

impugned transfer order as well as the order dated 30.01.2026

(Annexure-07) passed by the Tribunal, submitted that the

petitioner has been transferred due to administrative exigencies,

and cannot claim posting at a particular place as a matter of right.

He further submitted that every government employee faces

personal difficulties, and on such grounds, the transfer order

passed by the competent authority ought not to be interfered with

by this Court.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Having considered the submissions advanced and keeping in

view the fact that the petitioner is the caregiver of her aged

parents-in-law and also has a minor child aged about 1 to 1½

years, this Court deems it just and proper to dispose of the

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[2026:RJ-JD:17217] (3 of 3) [CW-3393/2026]

present writ petition with a direction to the petitioner to submit a

fresh representation ventilating her grievances before the Director,

Secondary Education, Rajasthan, Bikaner, within a period of 15

days from today, along with a certified copy of this order.

6. In case such a representation is submitted, the Director,

Secondary Education, Rajasthan, Bikaner, shall consider and

decide the same objectively and sympathetically, in accordance

with law.

7. It is made clear that till the representation submitted by the

petitioner, pursuant to this order, is decided by the Director,

Secondary Education, Rajasthan, Bikaner, the effect and operation

of the impugned transfer order dated 09.01.2026 (Annexure-05)

as well as the order dated 30.01.2026 (Annexure-07) passed by

the Rajasthan Civil Services Appellate Tribunal, Bench at Jodhpur,

in Appeal No. 239/2026, titled "Sukhveer Kaur vs. State of

Rajasthan & Anr.", shall remain stayed, and the petitioner shall be

allowed to continue to work as Lecturer (Grade-I) (History) at PM

Shri Government Senior Secondary School, Sector 12, Ward No.

13, Hanumangarh Junction, Hanumangarh.

8. The stay application as well as all pending application(s), if

any, stand disposed of accordingly.

(KULDEEP MATHUR),J 99-divya/-

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