Disposed

Jibrail Ali v. the State of Rajasthan

Rajasthan HC27 Aug 2018CW/9530/2018

Case brief

AI extract

What is this about?

Petitioner challenged a general transfer order citing cardiac ailment. The Court held that transfer is an incident of service and prima facie did not interfere with the order, directing the petitioner to approach the competent authority via representation for medical consideration.

What did the court decide?

Writ petition dismissed but petitioner allowed to ventilate grievance via representation before competent authority. Impugned order not interfered with.

Jibrail Ali Vs the State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 9530/2018

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Jibrail Ali S/o Shri Allanoor Ji, Aged About 56 Years, At Present Working As Government Upper Primary School Naugava, Dist. Bhilwara

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary Department Of Education ,government Of Rajasthan, Jaipur

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The Director, Secondary Education, Bikaner

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The Dy.director, Secondary Education, Ajmer Division Ajmer

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----Respondents

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For Petitioner(s) : Mr. Jitendra Choudhary for Mr. NK Gurjar :

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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27/08/2018

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By the instant writ petition, petitioner has challenged impugned transfer order dated 18.06.2018 (Annex.1) passed by Deputy Director (Secondary) Education, Ajmer Division, Ajmer.

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From perusal of the order, it is abundantly clear that it is a general transfer order, wherein 15 incumbent employees are shifted from one place to another and petitioner is transferred as Senior Teacher from Government Upper Primary School, Noganwa, Bhilwara to Government Upper Primary School, Govindpura, Kotari, Bhilwara.

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(2 of 2)

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[CW-9530/2018]

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It is submitted by learned counsel that petitioner is under going treatment of cardiac ailment since 2011 and, therefore, he is unable to carry out the transfer order.

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Transfer is an incident of service and normally an incumbent employee working on the transferable post is likely to be transferred. The grievance ventilated by petitioner through this writ petition, in the considered opinion of this Court, cannot be examined in exercise of extraordinary jurisdiction. However, as the challenge laid by petitioner to the impugned transfer order is founded on medical grounds, he is well within his rights to approach the competent authority by submitting a representation for redressal of his grievances.

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In view thereof, without interfering with the impugned transfer order, petitioner is allowed to ventilate his grievance by way of representation before competent authority. In case, any representation is submitted by the petitioner, competent authority is expected to examine the same and pass appropriate orders strictly in accordance with law.

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The writ petition is disposed of accordingly.

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Bharti/6

Jibrail Ali v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jibrail Ali v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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