Partly allowed

Fateh Chand v. State and Ors.

Rajasthan HC8 Nov 2011CW/5684/2007

Case brief

AI extract

What is this about?

The court disposed of three writ petitions filed by Patwaris challenging their transfer orders as statutory violative. The impugned order dated 30.07.2007 was deemed redundant and lost efficacy. The court annulled the order in the interest of justice, leaving respondents free to pass fresh lawful transfers.

What did the court decide?

The impugned transfer order dated 30.07.2007 is annulled. Petitioners are left free to be transferred in accordance with law. Respondents are free to pass fresh transfer orders.

Fateh Chand Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2011)

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171 S.B. CIVIL WRIT PETITION NO. 5665/2007. Narendra Kumar Nehra Vs. State of Rajasthan & Ors.

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172 S.B. CIVIL WRIT PETITION NO. 5658/2007. Bhanwar Singh Vs. State of Rajasthan & Ors.

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173 S.B. CIVIL WRIT PETITION NO. 5684/2007.

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Fateh Chand Vs. State of Rajasthan & Ors.

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Date of Order :: 8^th November 2011.

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HON'BLE MR. JUSTICE DINESH MAHESHWARI

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Mr. R.S. Choudhary ] Mr. V.K. Bhadu ], for the petitioner/s. Mr. K.S. Gill ] Mr. I.S. Pareek, Government Counsel.

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BY THE COURT :

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These writ petition relating to the similar nature matters have been considered together; and are taken up for disposal by this common order.

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In these writ petitions, the petitioners, who have been working on the post of Patwari, have questioned their transfer orders as being violative of statutory provisions as held by the learned Single Judge of this Court in Inder Singh & Anr. Vs. State of Rajasthan : 2007 (1) RLW 737 and by the Division Bench of this Court in D.B. Civil Special Appeal No.871/2006 (Kishan Singh & Ors. Vs. State of Rajasthan) decided on 24.01.2007.

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While entertaining these writ petitions, this Court noticed the submissions made on behalf of the petitioners and stayed the effect and operation of the impugned order 30.07.2007. Such a position has hitherto continued.

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With efflux of time, so far the impugned transfer order dated 30.07.2007 qua the present petitioners is concerned, the same could only be considered as redundant and having already lost its efficacy. It does not appear necessary to take up for adjudication any of the issues sought to be raised by the parties in these matters; and it appears in the fitness of things and in the interest of justice that the said impugned order dated 30.07.2007 be annulled qua the present petitioners subject to the observations that annulment of this impugned order shall not be of any prejudice to either of the parties. In other words, the respondents shall be free to pass the fresh appropriate transfer/posting orders regarding the petitioners in case so necessary, but strictly in accordance with law and in that relation too, it shall also be open for all the concerned to take recourse to the appropriate remedies in accordance with law.

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The writ petitions are partly allowed to the extent and in the manner indicated above. No costs.

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(DINESH MAHESHWARI), J .

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/Mohan/

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172 S.B. CIVIL WRIT PETITION NO. 5658/2007. Bhanwar Singh Vs. State of Rajasthan & Ors.

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Date of Order :: 8^th November 2011.

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HON'BLE MR. JUSTICE DINESH MAHESHWARI

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Mr. V.K. Bhadu, for the petitioner. Mr. I.S. Pareek, Government Counsel.

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BY THE COURT:

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This writ petition is partly allowed to the extent and in the manner as indicated in the common order made in CWP No. 5665/2007: Narendra Kumar Nehra Vs. State of Rajasthan & Ors.

By Order,

COURT MASTER

/Mohan/

173 S.B. CIVIL WRIT PETITION NO. 5684/2007. Fateh Chand Vs. State of Rajasthan & Ors.

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Date of Order :: 8^th November 2011.

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HON'BLE MR. JUSTICE DINESH MAHESHWARI

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Mr. K.S. Gill, for the petitioner. Mr. I.S. Pareek, Government Counsel.

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<<>>

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BY THE COURT:

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This writ petition is partly allowed to the extent and in the manner as indicated in the common order made in CWP No. 5665/2007: Narendra Kumar Nehra Vs. State of Rajasthan & Ors.

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By Order,

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COURT MASTER

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/Mohan/

Fateh Chand v. State and Ors.

Case brief

What is this about?

What did the court decide?

Fateh Chand v. State and Ors.

Case brief

What is this about?

What did the court decide?

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