Allowed

Om Prakash Meghwal v. the State of Rajasthan

Rajasthan HC3 Apr 2024CW/3172/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed a transfer order dated 22.02.2024 seeking to move a veterinary officer to a non-existent Sub Centre in Jodhpur. The Court held the order was vague and uncomplyable, and also set aside the consequent relieving order.

What did the court decide?

Impugned transfer order dated 22.02.2024 and consequent relieving order dated 11.03.2024 are quashed and set aside.

Om Prakash Meghwal Vs the State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:14724]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3172/2024

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Om Prakash Meghwal S/o Dhagala Ram, Aged About 44 Years, Village And Post Patel Nagar, Tehsil Bilara, District Jodhpur.

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----Petitioner

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Versus

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1. The State Of Rajasthan, Through The Secretary, Department Of Animal Husbandry, Government Of Rajasthan, Jaipur.

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The Director, Department Of Animal Husbandry, Jaipur. 3. Anil Dadhich, Presently Working As Live Stock Assistant At Sub- Centre, Mohan Nagar, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. M.C. Bishnoi

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HON'BLE MS. JUSTICE REKHA BORANA Order

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03/04/2024

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The present petition has been preferred against the impugned order dated 22.02.2024 whereby the petitioner has been sought to be transferred from Veterinary Hospital Borunda, Jodhpur to Sub Centre Mohan Nagar, Jodhpur.

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Learned counsel for the petitioner submits that the said order has been passed without application of mind as firstly , there is no such Sub Centre at Mohan Nagar, Jodhpur. Secondly , vide relieving order dated 11.03.2024, the petitioner has been relieved to join at Sub Centre, Mohan Nagar, Nodal Ghantiyali, District Phalodi which is not in consonance with the transfer order dated 22.02.2024.

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Per contra, learned counsel for the respondents submits that evidently, mentioning of ‘Jodhpur’ in the transfer order dated 22.02.2024 is just a typographical error which has been clarified in the office order dated 11.03.2024. Counsel further submits that

[2024:RJ-JD:14724]

[CW-3172/2024]

(2 of 2)

even the person who has been transferred in petitioner’s place has joined and hence, if any order is passed in favour of the petitioner at this stage, it would amount to two people working on the same post.

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Heard learned counsel for the parties and perused the material available on record.

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Even if the submission as made by learned counsel for the respondents regarding mentioning of ‘Jodhpur’ in the impugned order dated 22.02.2024 being a typographical error is deemed to be correct, the same, admittedly, does not stand corrected or amended even till date. The order is of 22.02.2024 and even till the month of April 2024, the error, as alleged, has not been corrected. Meaning thereby, the transfer order dated 22.02.2024 which reflects the petitioner to be transferred to Sub Centre Mohan Nagar, Jodhpur survives as of date, and admittedly, no such Sub Centre exists. In view of the same, the said order cannot be complied with being a vague one.

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In view of the above, the present writ petition is allowed . The impugned order dated 22.02.2024 is hereby quashed and set aside to the extent of the present petitioner. Consequently, the relieving order dated 11.03.2024 is also set aside. However, it is made clear that the respondent Department shall be at liberty to pass fresh and appropriate orders qua the present petitioner.

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Stay petition and all pending applications, if any, stand disposed of .

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(REKHA BORANA),J

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797-KashishS/-

Om Prakash Meghwal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash Meghwal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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