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Rajasthan High Court - Jodhpur
Rajpal vs State Of Rajasthan (2026:Rj-Jd:17756) on 16 April, 2026
Author: Anand Sharma
Bench: Anand Sharma
[2026:RJ-JD:17756]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Civil Writ Petition No. 7494/2026
PETITIONER:-
Rajpal S/o Shri Banwari Lal, Aged About 44 years, Resident of
House No. 294, Kacchi Theri, Ward No. 11, Sri Karanpur, District
Sri Ganganagar, Rajasthan.
Versus
RESPONDENTS:-
1. State of Rajasthan, Through The Secretary School
Education Department, Secretariat, Jaipur, Rajasthan.
2. The Director, Secondary Education Department,
Rajasthan.
3. The District Education Officer, Secondary Education,
District Sri Ganganagar, Rajasthan.
4. Principal, Government Higher Secondary School Fakirwali,
District Sri Ganganagar, Rajasthan.
5. Sri Khayali Ram Lecturer (Hindi), Government Higher
Secondary School Fakirwali, District Sri Ganganagar,
Rajasthan.
For Petitioner : Mr. Hanuman Singh Advocate.
For Respondents : Mr. Sajjan Singh Rathore Additional
Advocate General.
HON'BLE MR. JUSTICE ANAND SHARMA
Judgment
16/04/2026
1. Petitioner has filed the present writ petition feeling
aggrieved by the transfer order dated 10.01.2026 issued by the
Director, Secondary Education, Bikaner, whereby he has been
transferred from Government Senior Secondary School, Fakirwali,
District Ganganagar to P.M. Sri Government Senior Secondary
School, Tehsil Kolayat, District Bikaner.
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2. It is stated that the petitioner is holding the post of
Lecturer (Hindi), School Education in respondent-department. His
wife Smt. Sapna is also working on the post of Lecturer (First
Grade Hindi) in the same department and is posted at
Government Senior Secondary School, 4 NN Chandna Block
Padampur, District Sriganganagar. Wife of the petitioner is still
posted in District Sriganganagar, 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 10.01.2026, the petitioner preferred appeal
No. 326/2026 before the Rajasthan Civil Services Appellate
Tribunal, Bench Jodhpur (hereinafter to be referred as 'the
Tribunal'). However, the Tribunal did not interfere on merits and
vide order dated 27.02.2026 disposed of the appeal directing the
petitioner to submit a representation before the competent
authority for redressing the grievances of the petitioner.
Accordingly, the petitioner submitted representation before the
respondents, but the same has also been rejected vide Annexure-
9, in quite mechanical manner. 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 & Others (D. B. Special Appeal Writ No.
1723/2025) to argue that the Division Bench in the similar
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circumstances disposed of the aforesaid appeal directing the State
Government to allow both husband and wife at the same place in
any one District.
4. Heard and considered.
5. 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 Directorate 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.
6. 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 detailed
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 the applicable policy and pass a
reasoned and speaking order within a period of one month
thereafter, with due consideration to the claim of posting the
husband and wife in the same district.
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7. 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.
8. Writ petition is disposed of accordingly.
9. Pending application(s), if any, shall also stand disposed
of.
(ANAND SHARMA),J
MANOJ NARWANI/324
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