RAMNIWAS SAINI SON OF LATE SHRI MANOHAR LAL SAINI v. STATE OF RAJASTHAN
CW/7582/2025 · 2025-05-19
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18909 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18909 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20981] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7582/2025 Ramniwas Saini Son Of Late Shri Manohar Lal Saini, Aged About 50 Years, Resident Of Ward No. 17, Near Government Hospital, Khetri, District Jhunjhunu. ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal, Secretary, Department Of Medical And Health, Secretariat, Jaipur (Raj.)
2. Director (Non Gazzattee) Cum Additional Director (Administration), Panchyatiraj (Medical) Department, Rajasthan, Jaipur.
3. Chief Medical And Health Officer, Jhunjhunu, District Jhunjhunu (Raj.) ----Respondents For Petitioner(s) : Mr. Rajendra Kumar Saini For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 19/05/2025
1. By way of instant writ petition, the petitioner has challenged the transfer order dated 15.01.2025 whereby and whereunder he has been transferred from Government Ajeet Sub District Hospital Khetri, District Jhunjhunu to Sub District Hospital Nechhwa, Sikar.
2. Having heard counsel for petitioner and from perusal of the record as well as fact finding recorded by the Tribunal, it is an admitted fact that petitioner was granted compassionate appointment way back on 11.09.2012 and has been given posting in District Jhunjhunu. It is also undisputed that petitioner got promoted to the post of Senior Assistant vide order dated 17.08.2023 and continued to render his services at his previous place of posting i.e. at District Jhunjhunu.
[2025:RJ-JP:20981] (2 of 2) [CW-7582/2025]
3. Petitioner questioned transfer order dated 15.01.2025, raising a ground of family inconvenience and sickness of her aged mother.
4. Taking into consideration the grounds, the Tribunal has granted liberty to petitioner to submit a representation before the respondents to consider his grievance.
5. This Court finds that the transfer order of petitioner does not suffer from any malafides nor is in flagrant violation of transfer policy and has been passed by Competent Authority in administrative exigency.
6. The Apex Court in the 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 malafide nor any breach of law in passing the transfer order.
7. Therefore, this Court, while exercising its writ jurisdiction, is not inclined to interfere with the transfer order, which has been affirmed by the Tribunal on merits, observing that the transfer
order has been passed in administrative exigencies and does not suffer from any malafides or illegality. The writ petition is without any force and the same is accordingly dismissed.
8. Stay application and other pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J TN/17