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