Shri Bhuvneshwar Pareek S/O Ram Kumar ... vs State Of Rajasthan (2024:Rj-Jp:11117)
2024 Latest Caselaw 1501 Raj/2

Rajasthan High Court

Shri Bhuvneshwar Pareek S/O Ram Kumar ... vs State Of Rajasthan (2024:Rj-Jp:11117) on 4 March, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:11117]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                     S.B. Civil Writ Petition No. 3164/2024

 Shri Bhuvneshwar Pareek S/o Ram Kumar Pareek, Aged About
 58 Years, R/o 5, Tirupati Vihar, Flat No.- F-1, Shivam Iind,
 Kalwar Road, Jhotwara, Jaipur (Raj.) 302012.
                                                                        ----Petitioner
                                        Versus
 1.      State Of Rajasthan, Through Principal Secretary, Public
         Health        And     Engineering           Department,        Government
         Secretariat, Near Statue Circle, Jaipur (Raj.)
 2.      The Chief Engineer (Administration), Public Health And
         Engineering Department, Jal Bhawan 2, Civil Lines, Jacob
         Road, Jaipur (Raj.)-302006.
                                                                     ----Respondents

For Petitioner(s)             :     Ms. Meena Pareek
For Respondent(s)             :



                HON'BLE MR. JUSTICE SAMEER JAIN

                                         Order

04/03/2024

1. Learned counsel for the petitioner has relied upon the

judgment of the Co-ordinate Bench of this Court reported in 2019

SCC Online Raj. 6576 titled as Navita Jain Vs. State of

Rajasthan & Ors. and submitted that the petitioner is due to

retire next year i.e. 2025. Therefore, despite the said fact of

retirement next year, dehors the established Rules/policy

precluding transfer in the two preceding years from retirement,

the petitioner has been subjected to transfer.

2. Upon the asking of the Court, Mr. Surya Pratap Singh,

appearing on behalf of Mr. G.S. Gill, AAG accepts notice.

3. Heard and considered.

[2024:RJ-JP:11117] (2 of 3) [CW-3164/2024]

4. Taking note of the judgment passed in Navita Jain (Supra),

this Court deems it appropriate to dispose of the instant petition

by observing that the petitioner shall file a representation before

the respondent-authorities within a period of three days from

today, which shall be decided by the latter, by way of a speaking

order within a period of three weeks, after having observed

compliance with the principles of natural justice and also, the law

applicable. Whilst doing so, the respondent-authorities shall duly

consider the judgment passed in Pushpa Mehta Vs. Rajasthan

Civil Services Appellate Tribunal : (D.B. Civil Special Appeal

No.1430/1999).

5. The relevant extract of the judgment passed in Pushpa

Mehta (Supra) is reproduced herein-under:-

"That unless there are compelling reasons, ordinarily, an employee should not be disturbed from the place of his/her posting, when he/she is at the verge of retirement. An employee should be given sufficient time, which may be of two years or so to plan peacefully his/her post retirement life. This can be the legitimate expectation of an employee who has served the Department for major part of his/her life. In exceptional case, if the transfer in such case is felt necessary in the public interest, it must be kept in mind while giving the fresh posting that minimum inconvenience is caused to the concerned employee. Any transfer contrary to aforesaid principle will lead to interference that the order is malafide."

6. In the meantime, the effect and operation of the order dated

22.02.2024, qua the petitioner, shall remain stayed.

7. Pursuant to the adjudication on the representation of the

petitioner, the order so passed by the respondent-authorities shall

assume applicability.

[2024:RJ-JP:11117] (3 of 3) [CW-3164/2024]

8. In view of the above, present petition is disposed of. Pending

applications, if any, shall stand disposed of.

(SAMEER JAIN),J

JKP/30

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