Dismissed

Jagdish Prasad Yadav S/O Shri Hanuman Sahai Yadav v. Director

Rajasthan HC3 Dec 2019CW/18869/2019

Case brief

AI extract

What is this about?

In a writ petition, the High Court dismissed the petitioner's challenge to his transfer order. The court held that the transfer of the respondent Principal, who sought a move near his sick family, in exchange for the petitioner's posting, was fair and justified under administrative exigencies.

What did the court decide?

Writ petition found to be devoid of merit and dismissed.

Jagdish Prasad Yadav S/O Shri Hanuman Sahai Yadav… — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 18869/2019

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Jagdish Prasad Yadav S/o Shri Hanuman Sahai Yadav, Aged About 58 Years, R/o Village Rajpura (Bidara), Tehsil Shahpura, District Jaipur.

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----Petitioner

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Versus

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Director, Secondary Education, Rajasthan, Bikaner.

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Rudmal Kapuriya, Principal At Govt. Sr. Secondary School Kharpa District Jhalawar.

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----Respondents

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For Petitioner(s) : Mr. Sandeep Kalwaniya, Adv. For Respondent(s) : Mr. Ganesh Meena, AAG. Mr. Amit Jindal, Adv.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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03/12/2019

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The petitioner challenges his transfer order dated 29.09.2019 whereby he has been transferred from Shri Kalyan Singh Govt. Senior Secondary School, Shahpura Distt. Jaipur to Government Senior Secondary School, Bharja Distt. Sirohi as well as the order dated 22.10.2019 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur whereby his appeal was rejected.

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Learned Counsel for the petitioner submits that respondent No.2 has been posted on promotion as Principal at Jhalawar on 21.06.2019 and within a short span of three months he has been transferred from Jhalawar and posted at the place of petitioner i.e. Shri Kalyan Singh Govt. Senior Secondary School,

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(2 of 3)

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[CW-18869/2019]

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Shahpura Distt. Jaipur at his own request, while the petitioner who was due to retire after 1 year & 10 months.

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Counsel appearing for respondent No.2 submitted that respondent No.2-Rudmal Kapuriya who was having a suffering history of his son Nikhil’s disability which is more than 40% and his mother is also suffering from cancer and is under treatment at Bhagwan Mahaveer Cancer Hospital, Jaipur since 07.03.2019 and the said circumstances permitted respondent No.2 to submit a representation to respondent No.1 to transfer him at his own request to nearby place at Jaipur and accordingly, he was transferred in place of petitioner at Shahpura Distt. Jaipur. It is submitted that respondent No.2 is comparatively having a greater hardship in comparison to the petitioner. Petitioner was posted since long at Jaipur and would not be much disturbed if he is posted at any other place of Rajasthan.

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Learned Counsel appearing for the State supports the submission of respondent No.2 and submits that the Government has a right to consider the request of transfer and once it finds that there is a genuine request, it has to pass order to place them in one place or another and in the said course of accepting a request, one or other persons will have to be disturbed. In view thereof, the learned Counsel appearing for the State submits that the transfer order has been passed and the same does not warrant any interference.

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I have considered the submissions and find that the power exercised by the respondent is fair and justified and is in

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(3 of 3)

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[CW-18869/2019]

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course of administrative exigencies and thus, does not warrant

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any interference by this Court.

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The writ petition is found to be devoid of merit and is accordingly, dismissed.

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(SANJEEV PRAKASH SHARMA),J

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NAVAL KISHOR /148

Jagdish Prasad Yadav S/O Shri Hanuman Sahai Yadav v. Director

Case brief

What is this about?

What did the court decide?

Jagdish Prasad Yadav S/O Shri Hanuman Sahai Yadav v. Director

Case brief

What is this about?

What did the court decide?

What the court decided

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