Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9442-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 353/2024 Rachit Jangid, Aged About 42 Years, Lecturer, Computer Science, Now Posted In Place Of Appellant In Polytechnic College, Sikar. (As Mentioned In Writ Petition) S/o Sh. Prahlad Rai Jangir, Resident Of 7, Yath Villa, Madhav Vihar, Near New Housing Board, Sikar, Rajasthan. ----Appellant Versus
1. State Of Rajasthan, Through Its Principal Secretory, Technical Education Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Joint Secretary, Technical Education, Rajasthan, Jaipur.
3. Rohit Kumar S/o Shri Ramniwas, Aged About 38 Years, Resident Of Azad Nagar, Gali No. 2, Nawalgarh Road, Sikar, Rajasthan. ----Respondents For Appellant(s) : Mr. Rohit Rajawat with Mr. Vikas Kabra For Respondent(s) : Mr. Vigyan Shah, AAG assisted by Mr. Yash Joshi Mr. Mahipal Singh Kharra Mr. Dharmendra Lageria HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 04/03/2025
1. Though prayer for adjournment is made, taking into
consideration that the case was adjourned thrice and it is a matter arising out of a dispute relating to transfer, we are not inclined to adjourn the matter.
2. The order passed by learned Single Judge has been assailed mainly on the ground that the writ-petitioner was working at
[2025:RJ-JP:9442-DB] (2 of 2) [SAW-353/2024] Government Polytechnic College, Sikar on the post of Lecturer (Electronics) since his initial date of appointment in the year 2009. Learned Single Judge committed illegality in granting indulgence to the writ petitioner by allowing him to continue for a period of six months, even though it was placed on record that the writ petitioner was continuing at the present place of appointment since 2009.
3. Irrespective of whether the order passed by learned Single Judge would require interference on merits, we find that the order was passed way back on 01.05.2024. When the matter comes up for hearing, we find that the period of six months, as granted by learned Single Judge, is over. Meaning thereby, the writ petitioner has to proceed to join at the place where he has been transferred.
4. If that is so, the appellant herein should be allowed to continue at the place of posting where he has been transferred vice the writ petitioner. The other reliefs granted in favour of the respondent-writ petitioner do not affect the present appellant.
4. Therefore, this appeal, at this stage, is partly allowed. Pending application, if any, also stands disposed of.
(BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ KAMLESH KUMAR-RAHUL/38