Dinesh Chandra Parashar vs State Of Rajasthan
2023 Latest Caselaw 757 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 486/2023

Dinesh Chandra Parashar S/o Shri Ratan Lal Parashar, Aged About 58 Years, R/o Near Higher Secondary School, Chhapara, Nandwai Raod, Begun Chittorgarh, Dist - Chittorgarh, (Raj.). Presently Working On The Post Of ACBEO-1 In The Office Of Chief Block Education Officer, Block Begun.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary School And Sanskrit Education, Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Secondary Education, Bikaner.

3. The District Education Officer (Secondary), Chittorgarh, Raj.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Vinod Jhanjharia
For Respondent(s)        :     -



                    JUSTICE DINESH MEHTA

                                    Order

19/01/2023

1. By way of the present petition, the petitioner has challenged

the order dated 20.12.2022, whereby the petitioner has been

transferred from the office of Chief Block Education Officer, Block-

Begun, District Chittaurgarh to Government Senior Secondary

School, Gopalpura, Bhainsroadgarh, Begun, Chittaurgarh.

2. Learned counsel for the petitioner submits that the petitioner

is going to superannuate on 31.05.2024 and since he has less

than two years' tenure left before he retires, his transfer is

contrary to law laid down by this Court in Dr. Pushpa Mehta Vs.

RCSAT & Ors., reported in RLW 2000(1) (Raj.) 233.

(2 of 2) [CW-486/2023]

3. Heard learned counsel for the petitioner.

4. It is to be noted that the petitioner has been transferred

within the District Chittaurgarh, more particularly in Tehsil Begun

itself and, therefore, the law laid down by the Division Bench of

this Court in Dr. Pushpa Mehta (supra) does not come to his

rescue because the entire reasoning given in the Division Bench

judgment is that a person, who is on the verge of retirement and

in the process of planning his future settlement post retirement,

should not be disturbed.

5. Since, the petitioner has been transferred within District

Chittaurgarh itself it cannot be accepted that he would be put to

inconvenience.

6. This court does not find any error or infirmity in the order

impugned, the petition is, therefore, dismissed.

7. Stay petition also stands dismissed accordingly.

(DINESH MEHTA),J 4-Ramesh/-

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