Dismissed

Surendra Singh Ratnu S/O Shri Durga Dan Singh v. the Additional Chief Secretary

Rajasthan HC3 Sept 2024CW/14014/2024

Case brief

AI extract

What is this about?

The court dismissed a writ petition challenging the relief of a petitioner from his posting before retirement. Despite counsel citing precedent against transfers near retirement, the court found the transfer within the same city caused no hardship and dismissed the petition.

What did the court decide?

The writ petition and all pending applications were dismissed.

Surendra Singh Ratnu S/O Shri Durga Dan Singh Vs… — Service and Employment | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 14014/2024

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Surendra Singh Ratnu S/o Shri Durga Dan Singh, aged about 59 Years, Resident of C-55, Dundlod House Colony, Hawa Sarak, Civil Lines, Jaipur.

¶4

----Petitioner

¶5

Versus

¶6

The Additional Chief Secretary, Finance Department, Government of Rajasthan, Secretariat, Jaipur.

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The Director Cum Joint Secretary, Treasury and Accounts Department, Vitta Bhawan, Jyoti Nagar, Janpath, Jaipur.

¶8

The Additional Director, Local Fund Audit Department, Regional Office, Jaipur-II, Jaipur Vitta Bhawan, A-Block, Jyoti Nagar, Janpath, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Rajesh Rajkumawat For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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03/09/2024

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The instant writ petition has been filed against the impugned order dated 15.01.2023 by which the petitioner has been transferred from the office of the Additional Director, Local Fund Audit Department Regional Office, Jaipur II, Jaipur to the office of the Inspector General Wireless, Jaipur on administrative reasons.

¶14

Counsel for the petitioner submits that inspite of passing of more than one year and eight months, the aforesaid transfer order was not implemented and all of a sudden, the petitioner was relieved from his present place of posting vide order dated 14.08.2024. Counsel submits that only ten months have left in the retirement of the petitioner and at the verge of the retirement, the

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[CW-14014/2024]

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(2 of 2)

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petitioner cannot be relieved. Counsel submits that as per the judgment passed by this Court in the case of Dr. (Smt.) Pushpa

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Mehta Vs. Rajasthan Civil Service Appellate Tribunal and

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Ors. reported in (2000)2 WLC 725 , an employee should not be transferred at the verge of his retirement, hence, under these circumstances, interference of this Court is warranted.

¶20

Heard and considered the submissions made at Bar and perused the material available on record. 4. This fact is not in dispute that the petitioner was transferred vide order dated 15.01.2023 and the said order was not implemented by the respondents for a period of more than twenty months and he has been relieved from his present place of posting vide order dated 14.08.2024.

¶21

Perusal of the transfer order indicates that the petitioner has been transferred from the office of Additional Director, Local Fund Audit, Jaipur to the office of Inspector General Wireless, Jaipur on administrative reasons. The petitioner has been transferred in the same city from one office to another, hence, under these circumstances, it cannot be believed that the petitioner would be disturbed at the verge of his retirement. The petitioner has been transferred in the same city, he would not face any difficulty because of the impugned transfer order.

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This Court finds no substance in this writ petition and the same is hereby dismissed.

¶23

Stay application and all pending application(s), if any, also stand dismissed.

¶24

(ANOOP KUMAR DHAND),J

¶25

Ashu/22

Surendra Singh Ratnu S/O Shri Durga Dan Singh v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Surendra Singh Ratnu S/O Shri Durga Dan Singh v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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