Smt. Pratibha Swarnkar vs Kendriya Vidyalaya Sangathan ...
2026 Latest Caselaw 1798 Raj

Rajasthan High Court - Jodhpur

Smt. Pratibha Swarnkar vs Kendriya Vidyalaya Sangathan ... on 5 February, 2026

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2026:RJ-JD:6680-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            D.B. Civil Writ Petition No. 20391/2025

Smt. Pratibha Swarnkar W/o Shri Jyotiprakash Soni, Aged About
39 Years, R/o Plot No. 43, Gaytri Nagar, 80 Feet Road, Near Rsm
School, Jodhpur (Raj. ) Posted At Kendriya Vidyalaya No. 2, Air
Force, Jodhpur, (Raj.).
                                                                      ----Petitioner
                                      Versus
1.         Kendriya   Vidyalaya     Sangathan,     Through     The
           Commissioner 18, Institutional Area, Shaheed Jeet Singh
           Marg, New Delhi 110016.
2.         The Assistant Commissioner (Estt. Ii/iii), Kendriya
           Vidyalaya Sangathan, 18, Institutional Area, Shaheed
           Jeet Singh Marg, New Delhi 110016.
3.         The Deputy Commissioner, Kendriya Vidyalaya Sangathan
           (R.o.), 92, Gandhi Nagar Marg, Bajaj Nagar, Jaipur,
           302016.
                                                                   ----Respondents



For Petitioner(s)           :     Mr. Jog Singh Bhati
For Respondent(s)           :     Mr. Muktesh Maheshwari
                                  Mr. Gaurav Ranka



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

05/02/2026

1. This writ petition has been preferred claiming the following

reliefs:

"It is, therefore, most humbly and respectfully prayed that:-

(i) This writ petition may kindly be allowed, and by way of writ, order and directions, the impugned judgment dated 30.04.2025 (annex.1) passed by the Learned Central Administrative Tribunal, Jodhpur, in Original Application No.123/2025 (Smt. Pratibha Swarnkar Vs. KVS & Ors.) may kindly be quashed and set aside.

(ii) The prayer made by the petitioner in her Original Application No.123/2025 for correction of date of joining the present station as 31.01.2025 may kindly be allowed and the respondent Sangathan may kindly be directed to

(Uploaded on 10/02/2026 at 03:58:52 PM)

[2026:RJ-JD:6680-DB] (2 of 3) [CW-20391/2025]

change the date in annual transfer process data as aforesaid.

(iii) Any other appropriate writ, order or direction which the facts and circumstances of the case, may kindly be passed in favour of the petitioner."

2. The bone of contention in the present case is recording of

the incorrect date (08.07.2016) instead of correct date

(31.01.2025) of joining at her present place of posting i.e.

Kendriya Vidyalaya, Jodhpur in the annual transfer process data of

the petitioner, as claimed by her. The grievance raised by the

petitioner is that on count of such erroneous entry in the data, she

would be subjected to transfer, yet again, owing to the transfer

policy in vogue.

3. The petitioner had earlier approached this Hon'ble Court by

preferring a writ petition bearing D.B. Civil Writ Petition

No.14079/2024 (Smt. Pratibha Swarnkar Vs. Kendriya Vidyalaya

Sangathan & Ors.) seeking a direction for consideration of her

case for transfer, as prayed for therein, on the ground that her

child was suffering from cystic leukomalacia. At that time, she had

been transferred from Jodhpur to Dungarpur. However, during the

pendency of the said writ proceedings, and upon directions of this

Hon'ble Court to consider the peculiar factual circumstances of the

case, the respondents themselves submitted a proposal to transfer

the petitioner back to Jodhpur. Subsequently, the petitioner was

transferred and joined at Kendriya Vidyalaya No. 2, Air Force,

Jodhpur on 31.01.2025, in pursuance of transfer order dated

28.01.2025 and relieving order dated 30.01.2025.

4. Learned counsel for the petitioner submits that in the

present case, the date of joining of the petitioner upon re-transfer

at Jodhpur i.e. 31.01.2025 is required to be considered and thus,

(Uploaded on 10/02/2026 at 03:58:52 PM)

[2026:RJ-JD:6680-DB] (3 of 3) [CW-20391/2025]

the petitioner's previous tenure at Jodhpur (prior to June, 2024)

ought not to be reckoned, so as to prevent the eventuality of

erroneous reckoning of the total posting period of the petitioner at

Jodhpur. Thus, in this view of the matter, learned counsel prays

that a direction may be issued to the respondents to substitute the

incorrect date i.e. 08.07.2016 by the correct date i.e. 31.01.2025

of joining at her present place of posting i.e. Kendriya Vidyalaya,

Jodhpur, in the annual transfer process data of the petitioner.

5. Learned counsel for the respondents submits that the

transfer orders are yet to be issued and, if any representation is

filed by the petitioner, the same shall be considered objectively

and strictly in accordance with law.

6. In light of such submissions and taking into consideration the

overall facts and circumstances of the case, the present petition is

disposed of with liberty to the petitioner to submit a fresh

representation seeking reconsideration of her case in connection

with the fresh transfer order (including necessary correction in the

annual transfer process data) and her retention at Jodhpur itself.

In case such a representation is filed by the petitioner, the

respondents shall consider and decide the same objectively by

passing a speaking order, strictly in accordance with law. All

pending applications, if any, also stand disposed of.

(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J 51-Love/-

(Uploaded on 10/02/2026 at 03:58:52 PM)

Powered by TCPDF (www.tcpdf.org)