Dharam Pal v. State and Ors.
Case brief
What is this about?
Appeal against Writ Petition dismissing transfer of work charged employee from Jal Yojna Rajpura Bhadra to Division Sikar. Court held transfer permissible under Rules.
What did the court decide?
Writ Petition holding transfer of appellant-petitioner as per Rule 7 of Work charged Employees Service Rules is lawful and dismissing stay petition.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B.CIVIL SPECIAL APPEAL NO.186/2015 (Dharmpal vs. State of Rajasthan)
DATE OF ORDER: 01.04.2015
HON’BLE THE CHIEF JUSTICE MR.SUNIL AMBWANI HON'BLE MS JUSTICE JAISHREE THAKUR
Mr.Hemant Choudhary, for the appellant.
We have heard learned counsel for the appellantpetitioner.
This Special Appeal has been preferred against the order of the learned Single Judge dated 19.01.2015 by which she has not interfered with the order of transfer of the appellant-petitioner as Assistant in the P.H.E.D. from Jal Yojna Rajpura Bhadra to Division Sikar vide order dated 22.12.2014.
Learned Single Judge observed that the Department has not adopted pick and choose method in the transfer. Rule 7 of the Work charged Employees Service Rules deals with “Seniority list” and it is apparent from Rule 7 that an employee can be transferred from one Unit to another and in case of transfer, his seniority in the parent Unit will be taken into consideration.
Issues for consideration
3 issues framed by the court
Whether a work charged employee granted semi-permanent status can be transferred in the interest of Government work along with his singular post being treated as vacant.
Whether a low paid work charged employee challenging his transfer by reason of alleged hardship is entitled to interferenece in a writ petition.
Whether Rule 7 of the Work charged Employees Service Rules, 1964 permits transfer of an employee from one unit to another and treats seniority in the parent unit.
Parties & counsel
- appellant
Dharmpal
- respondent
State of Rajasthan
Coram
Sunil Ambwani
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · April
- Registered
- Case no.
- SAW/186/2015
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