Rajasthan High Court - Jaipur
Director, Secondary Education vs Ashok Kumar Saxena Son Of Shri Harprasad ... on 3 March, 2020
Bench: Sabina, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 307/2020
in
S.B. Civil Writ Petition No. 20870/2019
Director, Secondary Education, Rajasthan, Bikaner.
----Appellant
Versus
1. Ashok Kumar Saxena Son Of Shri Harprasad Saxena,
Aged About 53 Years, Resident Of 67, Laxmi Nagar, Tonk
Road, Jaipur.
2. Suresh Chandra Sharma, Principal, Govt. Sr. Secondary
School Punali, District Dungarpur.
----Respondents
with D.B. Special Appeal Writ No. 309/2020 in S.B. Civil Writ Petition No. 21139/2019 Director, Secondary Education, Rajasthan, Bikaner.
----Appellant Versus
1. Abha Saxena Wife Of Shri Ashok Kumar Saxena, Aged About 50 Years, Resident Of 67, Laxmi Nagar, Tonk Road, Jaipur.
2. Pratima Sharma, Principal, Govt. Sr. Secondary School Dudka, District Banswara.
----Respondents For Appellant(s) : Mr. Ganesh Meena Additional Advocate General HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order (Downloaded on 06/03/2020 at 09:40:42 PM) (2 of 3) [SAW-307/2020] 03/03/2020 Vide this order, above mentioned appeals would be disposed of, as they have arisen out of common order passed by the learned Single Judge dated 14.12.2019.
Appellant - State has filed these appeals challenging the order dated 14.12.2019 passed by the learned Single Judge, whereby, the writ petitions filed by the respondents were allowed.
Learned State Counsel has submitted that the respondents had been transferred in view of administrative exigency, hence, the learned Single Judge has erred in allowing the writ petitions filed by the respondents challenging their transfer.
Respondents are presently working as Principal, Senior Secondary School. Respondent Ashok Kumar Saxena had been transferred to District Barmer from District Jaipur vide order dated 29.9.2019 and vide the same order respondent Abha Saxena was transferred to District Rajsamand from District Jaipur. Learned State Counsel has failed to point out any specific administrative exigency necessitating transfer of the respondents, who are husband and wife to different districts. Respondents could have been accommodated in the same district. Learned Single Judge rightly held that in the absence of any specific administrative exigency, respondents could not have been transferred to different districts and consequently, the order of transfer dated 29.9.2019 qua respondents was set aside. Learned Single Judge has already given liberty to the appellant State to pass a fresh order of posting of the respondents in the same district if administrative exigency required and respondents would be at liberty to seek redressal against the said order.
(Downloaded on 06/03/2020 at 09:40:42 PM)
(3 of 3) [SAW-307/2020] In the facts and circumstances of the present case, no ground for interference is made out.
Both the appeals are dismissed.
(NARENDRA SINGH DHADDHA),J (SABINA),J Anil Makwana /68-69 (Downloaded on 06/03/2020 at 09:40:42 PM) Powered by TCPDF (www.tcpdf.org)