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2025 DAILYLAW 5269 (RAJ)

JHABAR SINGH JAT SON OF LATE SHRI RAMNATH JAT v. STATE OF RAJASTHAN

CW/1563/2025 · 2025-02-06

Sameer Jain

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Judgment text

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[2025:RJ-JP:5248] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1563/2025 Jhabar Singh Jat Son of Late Shri Ramnath Jat, aged about 58 Years and 11 months, Resident of 629, Shanti Nagar, Near Durgapura Railway Station, Jaipur. ----Petitioner Versus 1. State of Rajasthan through its Principal Secretary, Energy Department, Government of Rajasthan, Government Secretariat, Jaipur. 2. Jaipur Vidhyut Vitaran Nigam Limited, Jaipur through its Managing Director, Vidhut Bhawan, Jan Path, Jaipur. 3. Chief Controller of Accounts-I, Jaipur Vidhyut Vitaran Nigam Limited, Vidhut Bhawan, Jan Path, Jaipur. 4. Amit Saxena, Assistant Accounts Officer II, Now Posted in Place of petitioner in the office of Accounts Office (JCC North) JPD, Jaipur Vidhyut Vitaran Nigam Limited, Vidhut Bhawan, Jan Path, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashok Bansal For Respondent(s) : Mr. Ankur Srivastava HON'BLE MR. JUSTICE SAMEER JAIN Order 06/02/2025 The present petition is filed assailing the transfer order dated 15.01.2025. Learned counsel for the petitioner while placing reliance upon the para 3.6 of the transfer policy of the respondent-Department formulated on dated 28.11.2017, which is made effective from 01.04.2018, has submitted that as per para 3.6, employees who [2025:RJ-JP:5248] (2 of 3) [CW-1563/2025] have two years of service left should be given posting at their desired place. In this background, it is submitted that petitioner is suffering from medical condition (diabetic) and is at the fag end of retirement has been transferred/shifted at a place different from the desired place. Learned counsel for the respondent has opposed the above said contention and has submitted that on account of administrative exigencies the said transfers were carried out. It is further submitted that the petitioner was posted 26 years ago at a different place, moreover, similar problems related to transfer are faced by every employee, therefore, consideration of the same/request qua desired place will cause impediment in services of public utility department. Heard. Considering the facts and circumstances of the case, this Court is inclined to stay the operation of the impugned order dated 15.01.2025 qua the petitioner. Moreover, in the interest of justice, deems it apposite to grant relaxation of 15 days in the impugned order. Learned counsel for the petitioner is directed to file a representation, within a period of three days, before the competent authority, and the said representation be considered by the appropriate competent authority, by way of a speaking order, strictly in accordance with law after taking note of the complete circumstances. Needful be done within the upper limit of fifteen days period of filing of the representation. [2025:RJ-JP:5248] (3 of 3) [CW-1563/2025] Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/359