Allowed

Phool Singh Gurjar S/O Shri Hargyan Singh v. State of Rajasthan through Revenue Secretary

Rajasthan HC12 Dec 2018CW/26227/2018

Case brief

AI extract

What is this about?

In a writ petition concerning non-implementation of a transfer order after three months, the High Court directed the District Collector to relieve the petitioner immediately, subject to no intervening cancellation or modification of the transfer.

What did the court decide?

Directed the District Collector, Bhilwara to relieve the petitioner forthwith in terms of the transfer order dated 30.7.2018.

Phool Singh Gurjar S/O Shri Hargyan Singh Vs State… — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 26227/2018

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Phool Singh Gurjar S/o Shri Hargyan Singh, Aged About 56 Years, R/o Bara Khurd, Tehsil Weir, District Bharatpur Presently Posted At The Post Of Patwari At Nathadiyas, Tehsil Raipur, Distt. Bhilwara.

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----Petitioner

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Versus

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State Of Rajasthan Through Revenue Secretary, Government Of Rajasthan, Govt. Secretariat, Rajasthan, Jaipur.

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Revenue Board Rajasthan, Ajmer, Through Registrar.

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District Collector, Bhilwara, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Deshraj Kalwania

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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12/12/2018

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The case of the petitioner is that despite the order of

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transfer dated 30.7.2018 whereby he working as Patwari has been

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transferred from Bhilwara to Bharatpur, he has not yet been

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relieved to join the place of posting despite over 3 months lapsing.

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It has been submitted that this has not been done despite

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reminder to the concerned District Collector by the Registrar,

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(2 of 3)

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[CW-26227/2018]

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Board of Revenue, Rajasthan vide letter dated 3.8.2018 as also

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further reminders dated 8.8.2018 and 13.8.2018. It has been

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prayed that appropriate directions be issued to the District

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Collector, Bhilwara-respondent no.3 to relieve the petitioner in

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pursuance of the order of transfer dated 30.7.2018.

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This Court is amazed that writ petitions of such a

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nature as the one at hand are filed before this Court. If indeed the petitioner has been transferred vide order dated 30.7.2018 from Bhilwara to Bharatpur on the post of Patwari, it is extremely odd

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even reckoning for the intervening election and Election

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Commission’s directive that he has not yet been relieved despite 3 months lapsing. It was put to counsel for the petitioner as to whether the order of transfer dated 30.7.2018 has been cancelled,

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but he emphatically submitted that it has not been.

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In this view of the matter, I would be inclined to

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dispose of this petition directing the respondent no.3-the District

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Collector, Bhilwara to relieve the petitioner forthwith in terms of

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the transfer order dated 30.7.2018 subject to no doubt any order

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(3 of 3)

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[CW-26227/2018]

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of cancellation of the said transfer order, or the order in issue

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being modified in the meantime.

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Petition stands disposed of accordingly.

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(ALOK SHARMA),J

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Phool Singh Gurjar S/O Shri Hargyan Singh v. State of Rajasthan through Revenue Secretary

Case brief

What is this about?

What did the court decide?

Phool Singh Gurjar S/O Shri Hargyan Singh v. State of Rajasthan through Revenue Secretary

Case brief

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What did the court decide?

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