Allowed

Pavan Kumar Sharma v. State of Rajasthan

Rajasthan HC13 Oct 2023CW/140/2023

Case brief

AI extract

What is this about?

In a connected batch of writ petitions, the High Court of Rajasthan held that administrative exigency for transfers had withered due to the passage of time. The interim orders allowing petitioners to stay at their previous posts were confirmed, and the transfer orders were directed not to be implemented.

What did the court decide?

Interim order made absolute. Impugned transfer order directed not to be given effect to. Right to challenge subsequent order reserved.

Pavan Kumar Sharma Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:34960]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 15253/2022

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Rajpal Khoth S/o Shri Mohanlal Khoth, Aged About 24 Years, R/o Village - Bhawal Desar, Hanumangarh District - Hanumangarh (Raj.).

¶5

----Petitioner

¶6

Versus

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The State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Secretariat, Rajasthan, Jaipur.

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The Director, Secondary Education, Government Of Rajasthan, Bikaner.

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The Principal, Government Senior Secondary School, Sonadi, Tehsil - Nohar, District - Hanumangarh.

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Rajender Prasad Swami, Senior Teacher English, Government Senior Secondary School, Meghwalo Ki Dhani, Barmer Now Transferred At Government Senior Secondary School, Sonadi, Tehsil - Nohar, District Hanumangarh.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 408/2022

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Bhagwati Lal Meena S/o Shri Bheru Lal Meena, Aged About 29 Years, Resident Of Upla Fala, Sadkari, Sagtari, District Udaipur (Raj.).

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----Petitioner

¶16

Versus

¶17

State Of Rajasthan, Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.).

¶18

Director, Elementary Education And Panchayati Raj Department, Rajasthan Bikaner (Raj.).

¶19

Director, Secondary Education Bikaner (Raj.). 4. District Education Officer (Head Quarter), Secondary Education, Udaipur (Raj.).

¶20

District Education Officer, Elementary Education, Udaipur (Raj.).

----Respondents

(2 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

S.B. Civil Writ Petition No. 11794/2022

¶26

Gida Ram Banjara S/o Shri Bhabut Ram Banjara, Aged About 58 Years, R/o Village And Post Bhiwara, Tehsil Rani, Dist. Pali. At Present Working As Principal, Govt. Sr. Secondary School, Dhanla Block Marwar Juction, Dist. Pali.

¶27

----Petitioner

¶28

Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Of Rajasthan, Government Of Rajasthan, Jaipur.

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The Director, Department Of Secondary Education, Bikaner.

¶31

The Joint Director, Secondary Education, Pali Division Pali. 4. The District Education Officer, Secondary Education, Pali.

¶32

----Respondents

¶33

S.B. Civil Writ Petition No. 13079/2022

¶34

Shambhu Lal Jat S/o Shri Lobh Chand Jat, Aged About 48 Years, B/c Jat, R/o Shri Bhagat Singh Colony, Ward No. 30, Chittorgarh, District Chittorgarh (Raj.). At Present Working As Lecturer (Physics) And Associate Ncc Officer (Ano) At Shahid Major Natwar Singh Shaktawat Govt. Senior Secondary School, Chittorgarh (Raj.)

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----Petitioner

¶36

Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Education, Government Of Rajasthan, Jaipur (Raj.)

¶38

Director, Board Of Secondary Education, Bikaner, Rajasthan.

¶39

Chief District Education Officer, Chittorgarh.

¶40

----Respondents

¶41

S.B. Civil Writ Petition No. 13282/2022

¶42

Chandra Prakash Meghwanshi S/o Shri Babulal Meghwanshi, Aged About 35 Years, R/o Tabeeji Rural, Tehsil And District Ajmer (Rajasthan).

----Petitioner

Versus

(3 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Government Secretariat, Jaipur.

¶49

The Director, Secondary Education, Government Of Rajasthan, Directorate, Bikaner (Rajasthan)

¶50

Khushbu Verma, Lecturer (Geography) Govt. Sr. Secondary School, Masuda, District Ajmer (Rajasthan).

¶51

----Respondents

¶52

S.B. Civil Writ Petition No. 13416/2022

¶53

Saroj Choudhary W/o Baldev Choudhary, Aged About 44 Years, R/o 37, Roop Nagar Ii, Jodhpur (Raj.).

¶54

----Petitioner

¶55

Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Rajasthan, Jaipur.

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The Director, Secondary Education, Govt. Of Rajasthan, Bikaner.

¶58

The District Education Officer, Jodhpur, Rajasthan.

¶59

----Respondents

¶60

S.B. Civil Writ Petition No. 13591/2022

¶61

Jeevraj Singh Rathore S/o Tan Singh Rathore, Aged About 49 Years, By Caste Rajput, R/o V/p Redana, District Barmer.

¶62

----Petitioner

¶63

Versus

¶64

State Of Rajasthan, Through The Secretary, Department Of School Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶65

State Project Director And Commissioner, Rajasthan Council Of School Education (Rcse), Department Of School Education, Government Of Rajasthan, Jaipur, Rajasthan.

¶66

The Rajasthan Secondary Education Council, Dr Radhakrishnan Shiksha Sankul, Block 6, Jln Marg, Opp. Pulia, Jaipur, Rajasthan.

¶67

Director, Secondary Education, Directorate, Bikaner Rajasthan.

¶68

The Principal, Secondary Education, Directorate, Bikaner

(4 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

Rajasthan.

The Principal, Government Senior Secondary School, Ramsar, Block Ramsar, District Barmer.

¶74

----Respondents

¶75

S.B. Civil Writ Petition No. 14445/2022

¶76

Rajesh Mahala S/o Shri Birbal Singh, Aged About 41 Years, R/o Village And Post Doradas, Distt. Jhunjhunu (Raj.) Presently Working As Teacher Grade Iii At Government Senior Secondary School, Beethnok, Panchayat Samiti Kolayat, District Bikaner.

¶77

----Petitioner

¶78

Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Education, Secretariat, Jaipur

¶80

The Director, Secondary Education, Bikaner (Raj.)

¶81

----Respondents

¶82

S.B. Civil Writ Petition No. 14817/2022

¶83

Satveer S/o Shri Chand, Aged About 35 Years, R/o Ward No. 09, Lalanawas Sheopura, Lalana, Hanumangarh District - Hanumangarh (Raj.).

¶84

----Petitioner

¶85

Versus

¶86

The State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Secretariat, Rajasthan, Jaipur.

¶87

The Director, Secondary Education, Government Of Rajasthan, Bikaner.

¶88

The Joint Director (School Education), Bikaner Zone, Bikaner.

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The Principal, Government Senior Secondary School, Pandusar, Tehsil - Nohar, District - Hanumangarh.

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Anita, Teacher Hindi, Government Senior Secondary School, Shekhawas, Pali Now Transferred At Government Senior Secondary School, Pandusar, Tehsil - Nohar, District Hanumangarh.

¶91

----Respondents

¶92

S.B. Civil Writ Petition No. 15072/2022

(5 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

Hari Om Hiragar S/o Shri Goma Ram, Aged About 57 Years, Resident Of 197, Magaria Bera, Awasia Colony, Sojat, District Pali (Raj.).

¶97

----Petitioner

¶98

Versus

¶99

State Of Rajasthan, Through The Principal Secretary (Secondary Education), Education Department, Govt. Of Rajasthan, Jaipur.

¶100

Joint Secretary (Admn.), Education (Group-2) Department, Jaipur.

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Director (Secondary Education), Bikaner.

¶102

The District Education Officer, (Secondary Education), Jaisalmer.

¶103

The Principal, District Institute Of Education And Training, Bagri Nagar, Pali.

¶104

----Respondents

¶105

S.B. Civil Writ Petition No. 15420/2022

¶106

Manilal Garasiya S/o Shri Madiyaji Garasiya, Aged About 55 Years, R/o Lankai, Tehsil Bagidora, District Banswara (Raj.)

¶107

----Petitioner

¶108

Versus

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The State Of Rajasthan, Through The Deputy Secretary, (School Education And Language Department), Rajasthan, Jaipur (Raj.)

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Joint Director (School Education), Udaipur Zone, Udaipur. 3. The Director (Secondary Education), Rajasthan, Bikaner.

¶111

The District Education Officer (Secondary Education), District Banswara (Raj.)

¶112

----Respondents

¶113

S.B. Civil Writ Petition No. 15483/2022

¶114

Dr. Dilawar Tak S/o Shri Prem Swaroop Tak, Aged About 46 Years, Resident Of H.No. 11, Matra Kripa Rajeev Colony, Ganeshpura, Beawar, District Ajmer.

¶115

----Petitioner

¶116

Versus

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The State Of Rajasthan, Through The Secretary,

(6 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

Department Of Education, Government Of Rajasthan, Jaipur.

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The Director, Secondary Education, Bikaner.

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Shri Amolak Maurya, Presently Working As Principal, Mahatma Gandhi Government School, Khusalpura, Pali.

¶124

----Respondents

¶125

S.B. Civil Writ Petition No. 15897/2022

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Anshu Jain W/o Manoj K Kamra, Aged About 52 Years, Principal, Government Senior Secondary School Jalwali, Bikaner.

¶127

----Petitioner

¶128

Versus

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State Of Rajasthan, Through The Secretary, Department Education (Secondary Education) Government Of Rajasthan, Jaipur, Rajasthan.

¶130

Director, Secondary Education, Bikaner. 3. Satyanaray Mehrda, Principal, Government Senior Secondary School Jalwali, Bikaner (Raj.).

¶131

Parasaram Mordiya S/o Shri Pema Ram, R/o Vii A, 18, 19 Jai Narayan Vyas Colony, Bikaner.

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Rakesh Mordiya S/o Shri Paras Ram Mordiya, R/o Vii A, 18, 19 Jai Narayan Vyas Colony, Bikaner.

¶133

Gourav Goutam S/o Shri Anuram Gautam, R/o 343 A Lane No. 10, Barkat Nagar, Tonk Road Phatak, Jaipur 302015.

¶134

----Respondents

¶135

S.B. Civil Writ Petition No. 18422/2022

¶136

Mangi Lal S/o Shri Bhura Ram, Aged About 48 Years, R/o Village Pithasiya, Post Sadokan, Tehsil And District Nagaur, Rajasthan.

¶137

----Petitioner

¶138

Versus

¶139

State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

¶140

The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

¶141

The District Education Officer (Headquarter), Secondary

(7 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

Education, Nagaur, District Nagaur, Rajasthan.

¶146

The Additional Chief Election Officer, State Of Rajasthan, Jaipur, Rajasthan.

¶147

The Principal/peeo, Government Senior Secondary School, Sadokan, Nagaur, District Nagaur, Rajasthan.

¶148

----Respondents

¶149

S.B. Civil Writ Petition No. 18476/2022

¶150

Sunil Kumar Sen S/o Ram Pratap Sen, Aged About 52 Years, R/o- Chowk Bass, Gram- Tausar, District - Nagaur, Rajasthan.

¶151

----Petitioner

¶152

Versus

¶153

State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

¶154

The Director, Directorate Of Secondary Education, Rajasthan, Bikaner.

¶155

The District Education Officer, (Secondary Education), Nagaur.

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The District Education Officer, (Secondary Education), Bharatpur.

¶157

----Respondents

¶158

S.B. Civil Writ Petition No. 19475/2022

¶159

Chandra Prakash Gupta S/o Shri Ram Swaroop Gupta, Aged About 47 Years, R/o Near Bus Stand, Owan Tehsil Hindoli District Bundi (Raj.) At Present Working As Lecturer (Sanskrit) At Mahtma Gandhi Government School, Shakkargarh District Bhilwara, Rajasthan.

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----Petitioner

¶161

Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Education (School), Government Of Rajasthan, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner.

¶164

The District Education Officer Secondary Education, Bhilwara.

----Respondents

(8 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

S.B. Civil Writ Petition No. 88/2023

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Urmila Choudhary W/o Late Shri Bharat Singh, Aged About 56 Years, Resident Of Near Anaj Mandi, Bhadra Tehsil Bhadra District Hanumangarh. At Present Working As Addl. Administrative Officer Posted At Govt. Senior Secondary School, Gandhi Badi, Tehsil Bhadra District Hanumangarh.

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----Petitioner

¶172

Versus

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The State Of Rajasthan, Through Director Secondary Education, Rajasthan Bikaner.

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District Education Officer, Headquarter Secondary Education, Hanumangarh.

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Chief Block Education Officer, Bhadra District Hanumangarh.

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Principal, Govt. Senior Secondary School, Gandhi Badi, Tehsil Bhadra District Hanumangarh.

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Hemant Sudarshan, At Present Working As Addl. Administrative Officer, Posted At Office Of Chief Block Education Officer, Block Rawatsar District Hanumangarh.

¶178

----Respondents

¶179

S.B. Civil Writ Petition No. 140/2023

¶180

Pavan Kumar Sharma S/o Shri Uma Shanker Sharma, Aged About 51 Years, R/o Village Gega Ka Khera, Tehsil Kotdi, District Bhilwara.

¶181

----Petitioner

¶182

Versus

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1. State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Of Rajasthan, Secretariat, Jaipur

¶184

The Director, Secondary Education, Bikaner, Rajasthan. 3. The District Education Officer, Secondary, District Bhilwara.

¶185

----Respondents

¶186

S.B. Civil Writ Petition No. 320/2023

¶187

Rakesh Kumar Gupta S/o Shri Prabhu Dayal Gupta, Aged About 54 Years, R/o 49, Krishna Vihar, Mangyawas Road, Mansarovar, Jaipur, Rajasthan.

[2023:RJ-JD:34960]

[CW-15253/2022]

(9 of 11)

----Petitioner

Versus

State Of Rajasthan, Through Principal Secretary, Department Of Education, Govt. Secretariat, Jaipur.

¶194

The Director, Secondary Education, Rajasthan, Bikaner. 3. The Joint Director, School Education, Jaipur Division, Jaipur.

¶195

The Principal, Mahatma Gandhi Govt. School, Udaipuriya, Govindgarh, District Jaipur.

¶196

Archana Naveen, Principal, Mahatma Gandhi Govt. School, Udaipuriya, Govindgarh, District Jaipur.

¶197

----Respondents

¶198

S.B. Civil Writ Petition No. 349/2023

¶199

Vijay Singh S/o Shri Panney Singh, Aged About 58 Years, R/o 4/18 Housing Board, Balotra, District Barmer.

¶200

----Petitioner

¶201

Versus

¶202

State Of Rajasthan, Through The Secretary Through Secondary Education Department Government Of Rajasthan, Jaipur.

¶203

Director, Secondary Education, Bikaner.

¶204

District Education Officer, (Hq) Secondary Education Department, Barmer.

¶205

----Respondents

¶206

S.B. Civil Writ Petition No. 570/2023

¶207

Banveer Singh Rathore S/o Shri Narayan Singh Rathore, Aged About 55 Years, R/o Village And Post Bhatal Tehsil Baneda District Bhilwara, Rajasthan.

¶208

----Petitioner

¶209

Versus

¶210

State Of Rajasthan, Through Principal Secretary, Department Of Education, Govt. Secretariat, Jaipur.

¶211

The Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Govt. Sr. Secondary School, Phuliya Khurd, Shahpura, District Bhilwara.

¶212

----Respondents

¶213

[2023:RJ-JD:34960]		(	10 of 11) [CW-15253/2022]
For Petitioner(s)	:	Mr. Mr. Mr. Mr. Mr. Ms. Mr. Mr. VC Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr.	J.S. Bhaleria O.P. Sangwa Kapil Purohit Hemant Jain Banshi Lal Khushbu Choudhary Tribhuwan Singh Sunil Kumar Singodiya, through Ravinder Singh Champawat Sushil Solanki S.S. Ladrecha Kailash Jangid Gaurav Maru Ram Dev Potalia Ramawatar Singh S.S. Choudhary Vikram Singh Bhawla Pramendra Bohra
For Respondent(s)	:	Mr. Mr. Mr.	Hemant Choudhary, GC Vishal Jangid R.C. Joshi
		Mr.	Rajvendra Saraswat

¶214

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶215

Order

¶216

13/10/2023

¶217

By way of the present writ petitions, the petitioners have challenged the transfer order with the prayers as indicated in their respective petitions.

¶218

Pursuant to the interim order the petitioner has been allowed to continue at the place where petitioner was posted prior to passing of the order under challenge.

¶219

Even if there was any valid ground to transfer the petitioners in the interest of administration, due to change in circumstances and passage of sufficiently long time, the expediency must have withered away or ceased to exist by now.

¶220

[2023:RJ-JD:34960]

¶221

[CW-15253/2022]

¶222

Hence, the interim order is made absolute and it is hereby ordered that impugned transfer order will not be given effect to. 5. The respondent shall however be free to pass fresh order and transfer the petitioners, in accordance with law, obviously, if administrative exigency so warrants.

¶223

The petitioners’ right to challenge the subsequent order on the grounds which have been taken in the present petition shall stand reserved.

¶224

With these directions/observations, the writ petitions as well as stay petitions stand disposed of.

¶225

(VINIT KUMAR MATHUR),J

¶226

281-283, 285-286, 288-290,

¶227

292-295, 298, 303, 305-311-Shahenshah/-

Pavan Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pavan Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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