DHARMENDRA KUMAR KUMAWAT SON OF SHRI RADHEYSHYAM KUMAWAT v. STATE OF RAJASTHAN
CW/4029/2025 · 2025-03-24
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12409 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12409 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:13095] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4029/2025 Dharmendra Kumar Kumawat Son Of Shri Radheyshyam Kumawat, Aged About 54 Years, Resident Of Karghwalo Ki Dhani, Gurha Barsal, Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Chief Secretary, Medical And Health Services, Government Secretariat, Rajasthan, Jaipur.
2. Joint Secretary, Medical And Health (Group-2) Department, And Panchayati Raj (Medical) Department, Government Of Rajasthan, Government Secretariat, Rajasthan, Jaipur.
3. Chief Medical And Health Officer, Jaipur-Ii, Jaipur. ----Respondents For Petitioner(s) : Mr. Alam Sahani Mr. Anand Sharma For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 24/03/2025
Learned counsel for the petitioner has submitted that the impugned order dated 07.03.2025 passed by learned RAT is non- speaking, perverse and illegal. Further, it is submitted that point (Para 11 at page 45 of the Court file) taken by the petitioner in the memo of petition before the learned RAT is not taken into
consideration by the learned RAT while passing the impugned
order. Considering the foregoing facts and circumstances of the case, upon perusal of the relevant portion of the petition filed
[2025:RJ-JP:13095] (2 of 2) [CW-4029/2025] before learned RAT, this Court has taken into consideration the observations made by the learned RAT ‘more particularly para 4 of the impugned order’, relying upon the dictum encapsulated in the
judgment passed by Hon’ble Apex Court in Shilpi Bose and Ors. vs. State of Bihar and Ors., reported in AIR 1991 SC 532, on perusal of the transfer order, wherein, qua approximately 189 persons/employees for justified reasons the transfer is made via common order. The relevant portion of the same is reiterated herein below: -
“dkfeZd foHkkx dh vf/klwpuk Øekad ,Q- 1¼2½Mhvksih@,&2@86 fnukad 08-02-2013 ds Mh,lhih fu;eksa esa izko/kku gS fd “if there is no vacancy for granting DACP available. The post held by the candidate shall be converted into the post on which the candidate is to be promoted till he/she will hold that post”. dkfeZd foHkkx dh mDr vf/klwpuk dh ikyuk esa mDr vf/kdkfj;ksa ds LFkkukUrj.k@inLFkkiu fd;s x;s gSA ”
In light of the above, this Court is not inclined to interfere with the present petition. Accordingly, this present petition is dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J Neeru/232