Allowed

Anand Kumar v. State of Rajasthan and Ors.

Rajasthan HC5 Feb 2024CW/4510/2017

Case brief

AI extract

What is this about?

Petitioner sought continuation of interim stay on transfer orders. Court allowed making the interim stay absolute but recorded that its utility had waned over time, while reserving the right to pass fresh orders if administrative exigency arises.

What did the court decide?

The interim stay order dated 30.07.2020 was made absolute, with liberty to the respondents to pass fresh orders if necessary due to administrative exigency.

Anand Kumar Vs State of Rajasthan and Ors. — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:6060]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4510/2017

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Anand Kumar S/o Shri Mohan Lal, Caste- Jatiya Sc, R/o H.no. 210-C Kirti Nagar, Magra-Punjla, Jodhpur. Hall Assistant Engineer In Rural Development And Panchayati Raj Department Under Apo.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department State Secretariat, Rajasthan, Jaipur.

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The Addl. Commissioner And Joint Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

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The Chief Executive Officer, Zila Parishad Jaisalmer. 4. The Vikas Adhikari, Panchayat Samiti Sam, District Jaisalmer, Rajasthan.

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Shri Chotu Singh Bhati, Mla Jaisalmer, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. SP Sharma For Respondent(s) : Mr. KK Bissa

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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05/02/2024

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Grievance of the petitioner stems from an impugned order dated 10.04.2017 (Annex.1) and order dated 11.04.2017(Annex.2) vide which he was made Awaiting Posting Order(APO) and was ordered to report to the Headquarter of Panchayati Raj Department, Jaipur. However, during the pendency of writ proceedings, a co-ordinate bench of this court passed an

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[2024:RJ-JD:6060]

[CW-4510/2017]

interim order dated 30.07.2020 staying the implementation of the said 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. 4. 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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32-divyaP/-

Anand Kumar v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Anand Kumar v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

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