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2025 DAILYLAW 16186 (RAJ)

RAM KISHOR MEENA S/O LATE SHRI JHUTHA RAM MEENA v. JAIPUR VIDYUT VITRAN NIGAM LIMITED

CW/5977/2025 · 2025-04-25

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:17539] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5977/2025 Ram Kishor Meena S/o Late Shri Jhutha Ram Meena, Aged About 45 Years, R/o Village Shri Ram Ki Nangal, Sanaganer, Jaipur. ----Petitioner Versus 1. Jaipur Vidyut Vitran Nigam Limited, Through Its Chairman Cum Managing Director, Vidyut Bhawan, Jyoti Nagar, Jaipur. 2. Jaipur Vidyut Vitran Nigam Limited, Through Its Zonal Chief Engineer (Jz), Bani Park, Old Power House Premises, Near Ram Mandir, Jaipur. 3. Jaipur Vidyut Vitran Nigam Limited Through Its Assistant Engineer (Htm-Vi), Jaipur. ----Respondents For Petitioner(s) : Mr. Kunal Kant Rawat Ms. Dhriti Sharma For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/04/2025 1. Petitioner has invoked writ jurisdiction of this High Court under Article 226 of the Constitution of India seeking to assail his transfer order dated 15.01.2025 from the post of Helper-II, (subsequently post is rectified of Sub Station Assistant-II (SSA-II) vide Corrigendum dated 07.04.2025) from the office of AEN (HTM- VI) Jaipur Discom Sanganer to AEN (O&M) Jaipur Discom, Rajoda in the same Division. 2. Counsel for petitioner made a persuasive attempt to make out a case that petitioner has been transferred out of his Division [2025:RJ-JP:17539] (2 of 3) [CW-5977/2025] or Sub-Division and resort has been sought to be taken to the order dated 14.02.2025 passed by the Coordinate Bench of this Court at Principal Seat, Jodhpur in S.B. Civil Writ Petition No. 2938/2024: Sharwan Kumar Vs. Jodhpur Vidyut Vitran Nigam Limited, in that case, the Coordinate Bench has observed in Para No. 14 as under:- “To sum up, The Memorandum of Settlement (1970) and the Rajasthan State Electricity Board (Technical Workmen) Service Regulations, 1975 established that technical staff comprising of unskilled/semi-skilled and/or skilled (Category ‘A’ or ‘B’) should not be transferred outside their seniority jurisdiction i.e. the respective sub divisions/divisions which they have been assigned at the time of unbundling or subsequent recruitment, as the case may be.” 3. However, counsel for petitioner is not able to establish that the transfer of petitioner from Sanganer, Jaipur Discom to Rajoda, Jaipur Discom is out of Sub-Division nor any such pleadings have been pleaded in the writ petition. In that view of the matter, the resort taken by the petitioner to the order dated 14.02.2025 passed by the Coordinate Bench is displaced. The transfer order has been issued in the interest of Nigam and no ground is made out to interfere with the transfer order in exercise of writ jurisdiction under Article 226 of the Constitution of India. 4. The Apex Court in case of Union of India Vs. Deepak Niranjan Nath Pandit [(2020) 3 SCC 404], has held that interference with transfer order is in excess of jurisdiction and improper exercise of judicial power, when there is no mala fide nor any breach of law in passing the transfer order. [2025:RJ-JP:17539] (3 of 3) [CW-5977/2025] 5. Therefore, this Court, in exercise of its writ jurisdiction, is not inclined to interfere with the transfer order and the writ petition is hereby dismissed. 6. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /9