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2025 DAILYLAW 14228 (RAJ)

SMT. PUSHPA JAT WIFE OF SHRI LOKESH JAT v. PRINCIPAL SECRETARY

CW/5137/2025 · 2025-05-19

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:20936] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5137/2025 Smt. Pushpa Jat Wife Of Shri Lokesh Jat, Aged About 39 Years, Rjjw201708037147, At Present Posted As Live Stock Assistant At Animal Sub Center Tidodhi, Bhilwara, Resident Of Jahajpur, Bhilwara (Raj.). ----Petitioner Versus 1. Principal Secretary, Animal Husbandry Department, Government Secretariat, Jaipur (Raj.) 2. Director, Animal Husbandry Department, Pashudhan Bhawan, Tonk Road, Jaipur. 3. Ashok Kumar Meena, Live Stock Assistant, Animal Sub Center Gothiya, Ajmer. ----Respondents For Petitioner(s) : Mr. Swaraj Panwar For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 19/05/2025 1. Petitioner has preferred instant writ petition under Article 226 of the Constitution of India, challenging the order dated 03.03.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur, dismissing Appeal No. 1139/2025 and affirming the transfer order dated 13.01.2025 whereby and whereunder petitioner as Live Stock Assistant was transferred from Sub Center, Tidhodi, Bhilwara to Sub Center, Gothiyana, Ajmer vice respondent No.3. 2. Having heard counsel for petitioner, it is admitted and explicit that petitioner was posted in District Bhilwara vide order [2025:RJ-JP:20936] (2 of 2) [CW-5137/2025] dated 19.02.2024 and prior to that her posting remain in the District Shahpura. The challenge to the transfer order was made on the family difficulties and distance, which has been considered on merits by the Tribunal. The Tribunal has clearly observed that within legal arena, there is no scope of interference in the transfer order and same does not suffer from any malafide or flagrant violation of any rule, however, the Tribunal has extended liberty to the petitioner to submit a representation to raise his family difficulties to be considered by the respondents. 3. This Court is of the considered opinion that the order granting liberty to the petitioner to submit the representation was passed by the Tribunal on the concession of petitioner, hence, in such circumstances, petitioner is estopped from assailing the transfer order or the order of the Tribunal on merits and the writ petition is wholly misconceived, which deserves to be dismissed. 4. Accordingly, the writ petition is dismissed. 5. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /2