Allowed

Krishan Kumar Vyas v. State of Rajasthan

Rajasthan HC18 Jan 2023CW/15340/2021

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of two connected writ petitions challenging transfer orders of government servants. The Court held that expediency for transfer ceased due to lapse of time, made interim stays absolute, and directed transfer orders not to be given effect while reserving power to pass fresh orders.

What did the court decide?

Impugned transfer orders will not be given effect to; interim orders made absolute; respondents free to pass fresh orders if exigency warrants.

Krishan Kumar Vyas Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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(1 of 3)

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[CW-15340/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 15340/2021

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Krishan Kumar Vyas S/o Dhanraj Vyas, Aged About 53 Years, Inside Chandpole Gate, Purbiyo Ki Gali, Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Secondary Education, Rajasthan, Bikaner.

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The Joint Director, School Education, Jodhpur Division, Jodhpur.

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The District Education Officer (Headquarter), Secondary, Jodhpur.

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The Principal, Government Blind School, Jodhpur.

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Archana Prajapati, Senior Teacher (Social Science), Presently Posted At Government Blind School, Jodhpur.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 13948/2021

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Gordhan Siyol S/o Shri Sajan Ram, Aged About 33 Years, R/o Village Mandiyai Khurd, Tehsil Tinwari, District Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Director, Secondary Education, Rajasthan, Bikaner.

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The Joint Director, School Education, Jodhpur Division, Jodhpur.

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The District Education Officer (Headquarter), Secondary, Jodhpur.

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The Principal, Government Blind School, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Mahaveer Bishnoi For Respondent(s) : Mr. Vishal Jangid, Dy. GC

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

(2 of 3)

[CW-15340/2021]

Order

18/01/2023

In S.B. Civil Writ Petition No. 15340/2021 :-

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By way of the present writ petition, the petitioner has challenged the orders dated 30.09.2021 as well as relieving order dated 08.10.2021.

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On 12.11.2021, this Court while issuing notices, had stayed the order impugned; pursuant to the interim order the petitioner has been allowed to continue at the place where he/she was posted prior to passing of the order under challenge.

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Even if there was any valid ground to transfer the petitioner in the interest of administration, due to change in circumstances and passage of sufficiently long time, the expediency must have withered away or ceased to exist by now.

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Hence, the interim order is made absolute and it is hereby ordered that impugned transfer order will not be given effect to.

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The respondent shall however be free to pass fresh order and transfer the petitioner, in accordance with law, obviously, if administrative exigency so warrants.

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With these directions/observations, the writ petition as well as stay petition stand disposed of.

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In S.B. Civil Writ Petition No. 13948/2021 :-

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By way of the present writ petition, the petitioner has challenged the orders dated 14.08.2021 as well as relieving order dated 30.09.2021.

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On 06.10.2021, this Court while issuing notices, had stayed the order impugned; pursuant to the interim order the petitioner

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(3 of 3) [CW-15340/2021]

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has been allowed to continue at the place where he/she was posted prior to passing of the order under challenge.

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Even if there was any valid ground to transfer the petitioner in the interest of administration, due to change in circumstances and passage of sufficiently long time, the expediency must have withered away or ceased to exist by now.

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Hence, the interim order is made absolute and it is hereby ordered that impugned transfer order will not be given effect to.

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The respondent shall however be free to pass fresh order and transfer the petitioner, in accordance with law, obviously, if administrative exigency so warrants.

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With these directions/observations, the writ petition as well as stay petition stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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109-110-Sudheer/-

Krishan Kumar Vyas v. State of Rajasthan

Case brief

What is this about?

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Krishan Kumar Vyas v. State of Rajasthan

Case brief

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What did the court decide?

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