Dismissed

Kishan Lal Yadav S/O Hanuman Singh Yadav v. State of Rajasthan

Rajasthan HC1 May 2023CW/6546/2023

Case brief

AI extract

What is this about?

High Court dismissed the writ petition challenging the transfer order confirmed by the Appellate Tribunal, holding that without malafide or breach of law, the transfer is within administrative discretion and the High Court has no jurisdiction to interfere.

What did the court decide?

Writ petition dismissed; freedom granted to approach respondents for posting husband and wife at same place.

Kishan Lal Yadav S/O Hanuman Singh Yadav Vs State… — Service and Employment | Rajasthan HC (2023)

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[2023/RJJP/008779]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6546/2023

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Kishan Lal Yadav S/o Hanuman Singh Yadav, Aged About 32 Years, R/o 385, Sharmada Ki Dhani, Pachar, District Jaipur, Rajasthan, 303706. (Currently Posted As Block Statistics Officer At Jhotwara, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Statistics Department, Rajasthan, Jaipur.

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Joint Director (Administration), Directorate Of Economics And Statistics, Yojana Bhawan, Tilak Marg, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Rahish Kumar For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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01/05/2023

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By way of instant writ petition, the petitioner has challenged the order dated 10.03.2023, passed in appeal No.828/2023 by the Rajasthan Civil Services Appellate Tribunal, Jaipur, (hereinafter for short “the Tribunal”) who while dismissing the appeal on merits has affirmed the petitioner’s transfer order dated 05.01.2023 whereby he has been transferred from Block Statistics Officer, Jhotwara, Jaipur to Block Statistics Officer, Dungargadh, Bikaner.

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Learned counsel for petitioner submits that the Tribunal failed to consider this aspect of the case that the wife of the petitioner is posted at Jaipur in Vidyut Bhawan and parents of petitioner are old and suffer from ailment in addition that petitioner is having a daughter of 2 yrs. old. Therefore on the

[2023/RJJP/008779]

[CW-6546/2023]

(2 of 2)

policy of keeping husband and wife at same place impugned transfer order 05.01.2023 should be stayed.

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Heard counsel for petitioner and perused the material available on record.

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A perusal of the material available on record indicates that the petitioner was posted at Jhotwara on his promotion on 31.08.2021 and prior thereto he was posted at Govindgadh. Vide impugned order the Tribunal has held that it is the discretion of the authorities to get discharge duties of their employees. In absence of any allegation of malafide or violation of any statutory rules the Tribunal found no case of interference with the transfer order. Therefore, it is not appropriate to interfere with the transfer order.

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In case of Union of India Vs. Deepak Niranjan Nath Pandit [(2020)3 SCC 404] the Apex court has held that interference with transfer order is in excess of jurisdiction and improper exercise of judicial power, when there is no malafide nor any breach of law in passing the transfer order.

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For reasons discussed herein above, the impugned transfer order cannot be said to be malafide or illegal and the same has been passed in administrative exigencies. There is no force in the writ petition and the same is hereby dismissed. However, the petitioner shall be at liberty to approach respondents for posting of husband and wife at the same place. No costs.

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Stay application and all pending application(s), if any, also stands disposed of.

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(SUDESH BANSAL),J

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SACHIN /27

Kishan Lal Yadav S/O Hanuman Singh Yadav v. State of Rajasthan

Case brief

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Kishan Lal Yadav S/O Hanuman Singh Yadav v. State of Rajasthan

Case brief

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