Disposed

Bajrang Lal v. the State of Rajasthan

Rajasthan HC6 Feb 2024CW/187/2021

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition regarding a government employee's transfer. Concluding that the interim stay order had lost utility over time, the court made the interim order absolute without reinstating the petitioner to his original posting but granted liberty to the respondents to pass fresh orders if administrative exigency arises.

What did the court decide?

Interim order made absolute; liberty to respondents to pass fresh orders if necessary due to administrative exigency.

Bajrang Lal Vs the State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:6302]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 187/2021

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Bajrang Lal S/o Shri Ridha Ram Jat, Aged About 34 Years, Presently Working As Assistant Programmer, I.t. And Communication Department At Panchayat Samiti - Loonkaransar, Bikaner (Rajasthan)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Information Technology And Communication, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Technical Director And Joint Secretary, Department Of Information Technology And Communication, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Mohan Ram Choudhary. For Respondent(s) : Mr. Dharmendra Rathore.

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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06/02/2024

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Grievance of the petitioner stems from an impugned order dated 29.12.2020 (Annex.6), vide which the petitioner was transferred from Lunkaransar, Bikaner to Dholpur. However, during the pendency of writ proceedings, a co-ordinate bench of this court passed an interim order dated 11.01.2021 staying the implementation of the transfer order.

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Aforesaid stay order continues to subsist in favor of the petitioner till date.

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Transfers are a standard and integral aspect of government employment conditions. Employees do not possess an inherent right to demand continuation of their service at a specific location.

(2 of 2)

[2024:RJ-JD:6302]

[CW-187/2021]

This court ordinarily refrains from intervening in transfer matters, acknowledging administrative needs for employees to fulfill their duties at assigned locations.

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In the instant case, given the duration of the interim protection granted by this court, its utility appears to have waned over time.

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Be that as it may, the interim order is made absolute, but with liberty to the respondents to pass fresh orders in future, if necessary due to administrative exigency.

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In the parting, it is made clear that granting liberty to pass fresh orders is not to be construed as a direction of this Court to necessarily pass fresh orders in case there is no such requirement otherwise.

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Disposed of as above.

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(ARUN MONGA),J

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320-/Jitender//-

Bajrang Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bajrang Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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