Rajasthan High Court - Jaipur
Ashok Kumar Saxena S/O Shri Harprasad ... vs Director, Secondary Education on 14 December, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 20870/2019
Ashok Kumar Saxena S/o Shri Harprasad Saxena, Aged About 52
Years, R/o 67, Laxmi Nagar, Tonk Road, Jaipur.
----Petitioner
Versus
1. Director, Secondary Education, Rajasthan, Bikaner.
2. Suresh Chandra Sharma, Principal, Govt. Sr. Secondary
School Punali, District Dungarpur.
----Respondents
with S.B. Civil Writ Petition No. 21139/2019 Abha Saxena W/o Shri Ashok Kumar Saxena, Aged About 50 Years, R/o 67, Laxmi Nagar, Tonk Road, Jaipur.
----Petitioner Versus
1. Director, Secondary Education, Rajasthan, Bikaner.
2. Pratima Sharma, Principal, Govt. Sr. Secondary School Dudka, District Banswara.
----Respondents For Petitioner(s) : Mr. Sandeep Kalwania For Respondent(s) : Mr. Pushpraj Solanki on behalf of Mr. Ganesh Meena, AAG HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 14/12/2019 Issue notice.
Counsel for the respondent accepts notice. In SBCWP No. 20870/2019, the petitioner submits that the petitioner has assailed the order by which he has been transferred (D.B. SAW/307/2020 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 07:10:14 AM) (2 of 3) [CW-20870/2019] from Govt. Sr. Secondary School, Mandawari, District Jaipur to Govt. Sr. Secondary School Nagarda, District Barmer.
In S.B.Civil Writ Petition No.21139/2019, the petitioner, who is wife of petitioner in SBCWP No. 20870/2019, has assailed the order by which she has been transferred from Jaitpura to Rajsamand.
Both the petitioners had preferred appeal before the Tribunal but the Tribunal instead of deciding the case on merits, has given directions to make representation.
Learned counsel for the petitioner submits that the petitioners who are husband and wife have been transferred to districts Rajsamand and Barmer from Jaipur malafidely. Counsel agrees that there is a policy of transferring of husband and wife in the same district This court finds that the order dated 29.9.2019 whereby the petitioner-Ashok Kumar Saxena has been transferred to Barmer and the petitioner-Abha Saxena has been transferred to Rajsamand show complete non-application of mind and do not show any specific administrative exigency for transferring them. In the wake of the policy allowing the petitioners to be posted in the same district, the order of transfer dated 29.9.2019 with reference to the petitioner-Ashok Kumar Saxena and with reference to the petitioner-Abha Saxena are set aside.
The writ petitions are stands allowed. The petitioners to continue on the post where they are working. However, this order will not in any manner come in way for the State Government to (D.B. SAW/307/2020 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 07:10:14 AM) (3 of 3) [CW-20870/2019] pass fresh orders of posting both the petitioner in the writ petitions anywhere else in the same district if administrative exigency so required. The petitioner shall be also be free to take up redressal against the said order.
The writ petitions are allowed. The order passed by the Tribunal is accordingly set aside.
All pending application stands disposed of.
(SANJEEV PRAKASH SHARMA),J Anu / (D.B. SAW/307/2020 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 07:10:14 AM) Powered by TCPDF (www.tcpdf.org)