The High Court quashed a transfer order seeking to move the petitioner from Banswara to Pratapgarh, noting the order cited the wrong name ('Anjula') instead of the petitioner's ('Manju') and the department may correct this clerical error later.
Impugned transfer order is quashed and set aside qua the petitioner.
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[2024:RJ-JD:10441]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3074/2024
Manju W/o Shri Ramchandra Devda, Aged About 35 Years, R/o Vpo- Nishnawat, Tehsil- Kushalgad, District- Banswara, Rajasthan.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. ML Deora |
|---|---|
| For Respondent(s) | : Mr. DS Jasol |
HON'BLE MS. JUSTICE REKHA BORANA
Order
01/03/2024
Counsel further submits that the petitioner’s husband has been transferred only in the month of April, 2023 to Kushalgarh and as per the policy of the State, as far as possible, the husband and wife should be posted at the common place of posting. Counsel, therefore, submits that the impugned order deserves to be set aside.
[2024:RJ-JD:10441]
[CW-3074/2024]
(2 of 2)
So far as the posting of husband and wife is concerned, counsel submits that the petitioner is serving at Banswara since year 2016 and she cannot claim benefit of the said provision forever.
Even if it is assumed that order impugned does not pertain to the present petitioner as the name mentioned in the impugned order at S.No.42 cannot co-relate to the petitioner, the name of office as mentioned definitely pertains to the petitioner and it is clear that the order impugned pertains to her. But then, the same reflects clear non-application of mind and hence, the same cannot be affirmed.
However, the present order shall not preclude the respondent department from passing any fresh order in terms of law.
(REKHA BORANA),J
303-Sphophaliya/chhavi/-
2 issues framed by the court
Whether the High Court can quash an ex parte transfer order executed against the wrong name but correctly identifying the petitioner's office due to clerical error and non-application of mind.
Whether a servant can claim a permanent posting together with her husband under the state transfer policy.
Manju W/o Shri Ramchandra Devda
State Of Rajasthan
Principal Chief Conservator Of Forest
Chief Conservator Of Forest, Udaipur
Deputy Conservator Of Forest, Banswara
Deputy Conservator Of Forest, Pratapgarh
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
