The High Court allowed two writ petitions under Article 226 challenging orders transferring government employees between districts. Relying on a prior order, the court quashed and set aside the impugned transfer orders.
The orders dated 26.09.2019 transferring the petitioners were quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14624/2019
Jasraj Khatri S/o Late Shri Bhura Ram, Aged About 52 Years, R/o Hajuri Seva Sadan, Room No. 114, Talariya Pada, Jaisalmer.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 14630/2019
Pawan Kumar Joshi S/o Sh. Naval Kishore Joshi, Aged About 42 Years, R/o Sanjay Nagar Phalodi. Dist. Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dheerendra Singh, Mr. Pramendra Bohra For Respondent(s) : Ms. Vaishali Parihar for Ms. Rekha Borana-AAG
HON'BLE MRS. JUSTICE SABINA
Order
15/11/2019
Petitioners have filed these writ petitions under Article 226 of the Constitution of India challenging the order dated 26.09.19
(2 of 2)
[CW-14624/2019]
(Annexure-2), whereby petitioners were transferred from one district to another.
Learned counsel for the parties have submitted that issue raised in the present petitions are covered by decision given by this Court vide order dated 21.10.2019.
Order dated 21.10.2019 passed by this Court reads as under:
“It is submitted by learned counsel for the parties that the issue raised in the present writ petition is squarely covered by judgment in the case of Chandra Shekhar Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.14327/2019, decided on 21.10.2019 (today) with the difference that in the present matter the transfer has taken place within the same division, however, as the provisions are identical for inter division transfer, the same principles would apply.
In view of the above submissions made, the writ petition filed by the petitioner is allowed. The order dated 26.09.2019 is quashed and set aside in light of judgment in the case of Chandra Shekhar (supra).”
In view of the above decision, these petitions are allowed.
Order dated 26.09.2019 qua the petitioners is set aside.
16-17-amit/-
1 issue framed by the court
Whether writ petitions challenging inter-district transfer orders of government employees are maintainable in light of previous judicial precedents.
Colour shows how this judgement treated each authority
Chandra Shekhar Vs. State of Rajasthan & Ors.Followed¶33
Chandra Shekhar Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.14327/2019
1 provisions across 1 enactments
Jasraj Khatri S/o Late Shri Bhura Ram
State Of Rajasthan
Pawan Kumar Joshi S/o Sh. Naval Kishore Joshi
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
