CW/12209/2026 of SANTOSH KUMAR MEENA S/O SHRI CHHAGAN LAL MEENA Vs STATE OF RAJASTHAN on 27 July 2026

Order

27/07/2026

1. This writ petition has been filed by the petitioner with a challenge to the Transfer Order No. E-57764 dated 10.07.2026 whereby the petitioner, who is working on the post of Principal, has been transferred from Govt. Senior Secondary School Lalchandpura (Jaipur) to Govt. Senior Secondary School Chanda Khurd (Bundi).

2. Learned counsel for the petitioner submits that the petitioner joined his duties at Lalchandpura (Jaipur) ten months ago and for no good reason, he has been shifted after a short span of ten months, only to get the post vacated so as to

(2 of 4) [CW-12209/2026] accommodate some other person. He further submits that being aggrieved by the impugned transfer order, the petitioner has preferred an appeal No. 2180/2026 on 13.07.2026 before the Rajasthan Civil Service Appellate Tribunal, Jaipur (for short, 'the Tribunal') but for want of prosecution of effect, not even first hearing of the appeal could take place even after passing of 14 days.

3. Learned counsel further submits that looking to the number of pendency of appeals as regards the challenge to the transfer order issued by the State-authorities in various departments in bulk and so also the fact that neither the Chairperson of the Tribunal nor the sufficient number of Members have been appointed by the State and also the fact that only two Members, are there in Tribunal and out of them one has gone on leave upto 14.08.2026 for personal reason, in such circumstances the hearing of the appeals related to the transfer orders could not take place as per the notification of the Service Tribunal. The appeals, pertaining to the transfer matters, could only be heard by two Members.

4. Learned counsel for the State-respondent also does not dispute the fact of non-hearing or delay in hearing of the appeals before the Tribunal.

5. Heard.

6. Considered the submissions made at Bar.

7. Looking to the present scenario of non-hearing of the appeals by the Tribunal for want of Chairperson and sufficient number of Members of the Tribunal, the Court call for the learned Advocate General so as to apprise him for the reason that the

(3 of 4) [CW-12209/2026] employees for whom the legal remedy of appeal has been provided under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, can not be made remediless because of non-hearing of the appeals.

8. Learned counsel for the respondents submitted that the Department has constituted 'Grievance Redressal Committee' so as to consider the grievance of the employees regarding their transfer orders. He further submitted that in case any representation is received from the petitioner they would consider and pass appropriate order.

9. In view of the submissions made by the counsel for the petitioner and so also the submissions made by the counsel for the respondent-Department, as regards the constitution of 'Grievance Redressal Committee'; the Court feels that ends of justice would meet if the petitioner is given liberty to make a representation to the respondents and the respondents are directed to consider the representation of the petitioner.

10. Accordingly, the present writ petition is disposed of with liberty to the petitioner to make a representation to the 'Grievance Redressal Committee' constituted by the respondents within a period of five days from the date of receipt of certified copy of this order.

11. In case, the petitioner prefers any representation / grievance to the respondents within the given above time, the respondents shall consider and pass appropriate order in accordance with law, as early as possible.

12. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the

(4 of 4) [CW-12209/2026] petitioner has joined present place of posting ten months ago and hearing of the appeal preferred by him before the Tribunal could not take place, the Court deems just and proper to stay the effect and operation of the impugned transfer order dated 10.07.2026 qua the present petitioner, till the disposal of the representation filed by him.

12. In case, the petitioner fails to submit the representation within the above given time, the present order will cease its effect automatically.

14. In view of the aforesaid order, the Court deems just and proper to dispose the Appeal No. 2180/2026 pending before the Tribunal for which the learned counsel for the petitioner also consented.

15. In case, the order on the representation goes adverse to the petitioner, he may avail appropriate remedy available to him under law.

16. Registrar (Judicial) is directed to send a copy of this order to the Registrar of Rajasthan Civil Service Appellate Tribunal, Jaipur so as to place this order in the case file of Appeal No. 2180/2026 for necessary orders and its disposal. (GANESH RAM MEENA),J 92/SHRUTI SHARMA