Disposed

Mejor Singh v. State of Rajasthan

Rajasthan HC5 Feb 2024CW/5760/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging a transfer order by making the interim stay absolute with liberty to respondents to pass fresh transfer orders in the future due to administrative exigency, noting that employees have no inherent right to remain at a specific location.

What did the court decide?

Interim stay order made absolute with liberty to respondents to pass fresh transfer orders in future if necessary due to administrative exigency.

Mejor Singh Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:5853]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5760/2020

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Mejor Singh S/o Shri Mukhtyar Singh, Aged About 55 Years, R/o Raisinghnagar, District Sri Ganganagar (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Local Self And Urban Development, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Director And Special Secretary, Local Self Department, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Executive Officer, Municipal Board, Raisinghnagar, District Sri Ganganagar.

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----Respondents

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For Petitioner(s) : Mr. Jitendra Singh Bhaleria For Respondent(s) : Mr. Rajesh Parihar

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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 15.07.2020 (Annex.P/8), vide which he was made APO at the office of Directorate, Jaipur. However, during the pendency of writ proceedings, a co-ordinate bench of this court passed an interim order dated 17.08.2020 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.

(2 of 2)

[2024:RJ-JD:5853]

[CW-5760/2020]

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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53-divyaP/-

Mejor Singh v. State of Rajasthan

Case brief

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Mejor Singh v. State of Rajasthan

Case brief

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