Gulab Singh vs State Of Rajasthan And Ors
2023 Latest Caselaw 587 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8622/2017

Gulab Singh S/o Shri Ashkaran Singh, By Caste Rajput, R/o Village Naya Achala, P.o. Rasla, Tehsil Fatehgarh, District Jaisalmer Presently Working On The Post Of Teacher Grade-Iii Level-1 At. Govt. Upper Primary School, Mehrajot, Panchayat Samiti Sam, District Jaisalmer.

----Petitioner Versus

1. The State Of Rajasthan Through Secretary, Department Of Education Gp-2, Secretariat, Rajasthan, Jaipur.

2. The Director, Secondary Education, Rajasthan, Bikaner.

3. The District Education Officer Secondary, Jaisalmer.

4. The District Education Officer Elementary, Jaisalmer.

----Respondents

For Petitioner(s) : Mr. Nimba Ram Choudhary For Respondent(s) : Mr. Sarwan Kumar, AGC

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

13/01/2023

The present writ petition has been filed with the following

prayers:-

"(A).The impugned transfer order dated 12.07.2017 (Annex.-5) may kindly be declared illegal, arbitrary and same may be quashed and set aside qua the petitioner.

(b) If any relieving order in furtherance to impugned order dated 12.07.2017 (Annex.5) is passed during the pendency of this appeal than same may be quashed and set aside."

This Court after hearing learned counsel for the parties had

passed the interim order on 24.07.2017 whereby effect and

operation of the order dated 12.07.2017 (Annexure-5) qua the

petitioner was stayed. Since in the present case, the transfer/

(2 of 2) [CW-8622/2017]

posting of the petitioner is involved and the petitioner has

remained on the similar place, in view of the interim order passed

by this Court and a period of almost five and a half years have

passed, therefore, the present writ petition is disposed of in terms

that the absorption/transfer order dated 12.07.2017 (Annex.-5)

qua the petitioner is quashed and the respondents will be free to

pass a fresh transfer order in accordance with law considering the

administrative exigencies.

(VINIT KUMAR MATHUR),J 210-KashishS/-

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