Durga Solanki vs State Of Rajasthan And Ors

By way of the present writ petition, petitioner has challenged the order dated 18.11.2019, whereby she has been ordered to join at Government Senior Secondary School, Lordiyan.

The facts appertain are that by way of order dated 29.09.2018, the petitioner was transferred from Government Senior Secondary School, Ramsin Mungra to Government Girls Senior Secondary School, Ratanada, Jodhpur.

Before petitioner could join pursuant to such transfer order dated 29.09.2019, respondent No.4, Sadhna Pandey, has already joined on such place on 01.10.2019 in furtherance of another order of even date.

Consequently, two Principals were posted in the Government Girls Senior Secondary School, Ratanada,Jodhpur.

It may be noticed that respondent No.4 preferred a writ petition before this Court (SBCWP No.15870/2019), in which this Court has stayed her transfer to Lordiayan vide order dated 18.10.2019. Consequent to interim order dated 18.10.2019, respondent No.4 - Sadhna Pandey continued as a Principal, Government Girls Senior Secondary School, Ratanda, Jodhpur.

Such being the position, the Director, Secondary Education passed the order under challenge, requiring the petitioner to join at Lordiyan Kalan, subject to decision of the above referred writ petition filed by Sadhna Pandey.

It is noteworthy that by a separate order of even date, this Court has allowed the writ petition filed by Sadhna Pandey, and quashed her transfer to Lordiyan. As such, petitioner cannot continue as Principal, Government Senior Secondary School, Ratanada, Jodhpur.

Since the order dated 18.11.2019 was subservient to the decision of the writ petition (S.B. Civil Writ Petition No.15870/2019) filed by respondent No.4 and the same has been allowed, the order dated 18.11.2019 has to continue.

Be that as it may, the petitioner may file a representation before the respondent No.2 along with the certified copy of the order instant, within a period of two weeks from today. In case a representation is filed, respondent No.2 shall pass appropriate order of posting petitioner in or around Jodhpur, in case any post is lying vacant.

The writ petition so also the stay petition stands disposed of accordingly.