Citation : 2026 Latest Caselaw 4742 Raj
Judgement Date : 28 March, 2026
[2026:RJ-JD:14666]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7035/2026
Ranveer Singh S/o Rajendra Prasad, Aged About 29 Years, R/o
Village Geedawala Post Simarla Tehsil Shrimadhopur District
Sikar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department School Education, Secretariat, Jaipur
2. Director, Secondary Education, Rajasthan, Bikaner.
3. Director, Elementary Education, Rajasthan, Bikaner.
4. State Project Director, Siksha Sankul, Jaipur.
5. Principal, Swami Viekanand Govt. Model School, Gangrar,
Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/03/2026
1. The petitioner was sent on deputation four years ago and,
even after completion of the said period, has not been repatriated.
Being aggrieved thereby, he has approached this Court.
2. It is submitted that the respondents have issued an order
dated 18.09.2019 directing that employees who have completed a
minimum of four years' service in Vivekanand Model Schools be
relieved and repatriated to their parent departments.
2. The issued involved in this case has elaborately been dealt
with by a Coordinate Bench of this Court in the case of Prakash
Chandra Daroga Vs. State of Rajasthan & Ors. in S.B. Civil Writ
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[2026:RJ-JD:14666] (2 of 4) [CW-7035/2026]
Petition No.1877/2024 (Annexure-3). For ready reference,
relevant paragraphs of the said judgment are reproduced
hereinbelow:-
"5. First and foremost, reference may be had to judgment rendered in Rajesh Lamba Vs. State of Rajasthan & Ors. :
S.B. Civil Writ Petition No.179/2022, decided on 09.05.2022 by a Co-ordinate Bench of this Court in somewhat similar circumstances. The case of the petitioner, in light of the factual narrative herein-above, appears to be squarely covered by the said judgment, which is reproduced hereinbelow:
"This writ petition has been filed by the petitioner seeking direction to respondent No.3 to relieve the petitioner from deputation for joining pursuant to the order of petitioner's posting dated 14.8.2021.
Submissions have been made that the petitioner was sent on deputation for a period of one year by order dated 5.8.2021, he was relieved on 7.8.2021 and joined on deputation post on 10.8.2021, however, the order dated 14.8.2021 came to be passed by respondent Nos. 1 and 2 i.e. the Parent Department transferring the petitioner to a School at Chachundra, District Ajmer. The petitioner sought his relieving from the deputation place for joining pursuant to order of transfer dated 14.8.2021, which was not accepted/responded and, therefore, the present petition has been filed.
On notices being issued, the respondent No.3 has filed response to the petition, inter alia, indicating that the petitioner has been sent on deputation for a period of one year and that as soon as that one year period would be completed i.e. on 9.8.2022, the petitioner would be relieved and prior to that, relieving the petitioner would disturb the academics at the School of respondent No.3, which cannot be in the interest of students.
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I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
A perusal of the order dated 5.8.2021 (Annex.2) clearly reflects that the petitioner has been sent on deputation under Rule 144A of RSR for a period of 'one year', pursuant thereto the petitioner was relieved on 7.8.2021 and he joined at the School on deputation on 10.8.2021.
Apparently, the respondent Nos. 1 and 2 oblivious of the order of the petitioner's posting order dated 5.8.2021 within a period of 4 days i.e. on 14.8.2021 accorded posting to the petitioner at different School by indicating his place of 'present posting' as the place from where he had already left for deputation with respondent No.3. The petitioner for reasons best known to him sought enforcement of the order of transfer dated 14.8.2021 and sought to be relieved by the respondent No.3.
The submissions made by counsel for the respondent No.3 regarding the fact that the petitioner having not completed the period of one year, on which he has been sent on deputation, relieving him at this stage, is likely to disturb the academics of the School of respondent No.3 appears to be totally justified.
Learned counsel for the respondent has further assured that the petitioner would be relieved as soon as the period of deputation is over.
In view of the above fact situation, wherein the petitioner has been sent on deputation for a period of one year, which period is not over and the respondent No.3 is ready to relieve the petitioner once the period of deputation is over, the petition filed by the petitioner is disposed of. The respondent No.3 shall relieve the petitioner on completion of deputation for joining at the Parent Department on or before 10.8.2022."
6. The respondents issued order dated 18.09.2019, to relieve employees, who had completed minimum 04
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years' service in Vivekanand Model Schools and return them to their original departments. The petitioner has been working in Swami Vivekanand Model School, Gangrar since 14.08.2019. In the light of the aforesaid, the instant petition is disposed of with a direction to the respondents to relieve the petitioner from the current post of Senior Physical Instructor on or before the completion of the current academic session, keeping in view the larger public interest and the career of the students who are currently undergoing education in the classes in which the petitioner has been deputed. It is, however, made clear that in case a substitute teacher for the post on which the petitioner is currently discharging duties is already available, the needful shall be done within a period of eight weeks.
7. Liberty is, however, granted to the respondents to seek clarification or modification of the order in case it is found that the petitioner's case is not covered by the aforesaid judgment.
8. Pending application, if any, also stands disposed of."
3. In view of the above, the writ petition is allowed. The
respondent-department is directed to relieve the petitioner and
repatriate him to his parent department at the earliest.
4. Needless to say, the directions contained in paragraph No. 7
of the order supra shall also apply to the present case.
5. The stay petition, as well as all pending applications, if any,
stand disposed of.
(FARJAND ALI),J 11-Samvedana/-
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