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Mohan Lal Sharma Son Of Late Shri ... vs State Of Rajasthan
2021 Latest Caselaw 1000 Raj/2

Citation : 2021 Latest Caselaw 1000 Raj/2
Judgement Date : 30 January, 2021

Rajasthan High Court
Mohan Lal Sharma Son Of Late Shri ... vs State Of Rajasthan on 30 January, 2021
Bench: Sanjeev Prakash Sharma
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 1060/2021

Mohan Lal Sharma Son Of Late Shri Mool Chand Sharma
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan
                                                                 ----Respondent

For Petitioner(s) : Mr. Gaurav Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

30/01/2021

Learned counsel for the petitioner submits that in terms of

the observations made in DB Civil Writ Petition

No.1278/2020: Kana Ram Versus State of Rajasthan and

connected petitions at Principal Seat, Jodhpur vide judgment

dated 05.02.2020, the petitioner was posted at Pipla Phagi,

Panchayat Samiti Phagi vide order dated 18.8.2020 where he

joined. However, in the garb of making regular transfers, the

petitioner has been again transferred vide order dated 23.12.2020

from Pipla Phagi to Bhinmal, Jalore.

Learned counsel submits that the transfer is more than

1000kms for no good reason and cannot be said to be in

compliance of the judgment passed in the case of Kana Ram

(supra) as earlier the petitioner had been posted in terms of Kana

Ram (supra). The Tribunal has failed to examine the case in the

said aspect and has only directed the petitioner to move a

representation, whereas it should have adjudicated the issue.

(2 of 2) [CW-1060/2021]

Issue notice of the writ petition as well as stay application,

returnable within four weeks.

In the meanwhile, the effect and operation of order dated

23.12.2020 so far as it relates to the petitioner shall remain

stayed. The petitioner shall be allowed to continue at Phagi.

(SANJEEV PRAKASH SHARMA),J

NITIN /84

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