Rajasthan High Court
Rohit Kumar S/O Shri Ramniwas vs State Of Rajasthan (2024:Rj-Jp:20424) on 1 May, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:20424]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5635/2024
Rohit Kumar S/o Shri Ramniwas, Aged About 38 Years, Resident
Of Azad Nagar, Gali No. 2, Nawalgarh Road, Sikar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretory,
Technical Education Department, Government Of
Rajasthan, Government Secretariat, Jaipur.
2. Joint Secretary, Technical Education, Rajasthan, Jaipur.
3. Rachit Jangid, Lecturer, Computer Science, Now Posted In
Place Of Appellant In Polytechnic College, Sikar.
----Respondents
For Petitioner(s) : Mr. Mahipal Singh Kharra
For Respondent(s) : Mr. Hari Kishan Saini, Dy. GC
Dr. H.S. Mewada, Joint Secretary,
Technical Education
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
01/05/2024
1. Dr. H.S. Mewada, Joint Secretary, Technical Education,
present in person before the Court in compliance of order dated
29.04.2024.
2. Learned counsel for the petitioner submits that the
petitioner is working on the post of Lecturer (Electronics) at
Government Polytechnic College, Sikar and he has been
transferred to Government Polytechnic College, Alwar which is at a
distance of 210 Kms. Counsel further submits that the
respondents vide order dated 10.12.2020, has accorded
permission to petitioner to go for PHD Course with a specific
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[2024:RJ-JP:20424] (2 of 3) [CW-5635/2024]
condition that the institution or the University should not be 80
Kms. away from the present place of posting i.e. Sikar. Counsel
also submits that the petitioner has been transferred so as to
accommodate the respondent No. 3.
3. Mr. Hari Kishan Saini, Dy. GC appearing for respondents
submits that the transfer order of the petitioner does not suffer
from any illegality and as per the conditions of the permission for
proceeding for the PHD Course, the Government can transfer the
petitioner in case of administrative exigency. He also submits that
whenever transfer orders are issued for transfer of an employee,
some other employees are transferred in his/her/their places and
that cannot be said to be an accommodation. All these transfer
orders are issued earlier in the State interest and also as per the
Policy of the Government.
4. Counsel for the petitioner made a limited prayer that
the petitioner may be allowed to continue at Government
Polytechnic College, Sikar so that he may complete his course of
PHD, because transfer at a distant place at Alwar may have an
adverse impact on his PHD Course.
5. Considered the submissions made by counsel appearing
for both the respective parties.
6. The petitioner is working at Government College, Sikar
on the post of Lecturer (Electronics), since his initial appointment
i.e. year 2009. Looking at the long tenure of the petitioner at
Government Polytechnic College, Sikar, this Court is not inclined to
interfere in the favour of transfer. However, considering the
condition No. 6 of order dated 10.12.2020, while granting
permission to the petitioner for pursusing his PHD Course and also
[2024:RJ-JP:20424] (3 of 3) [CW-5635/2024]
the limited prayer made by counsel for the petitioner to allow the
petitioner to continue at Sikar for a period of six months, this
Court finds that it would be just, appropriate and also in the
interest of justice to allow him to continue at Sikar for further
period of six months.
7. State Counsel appearing for the respondent- State
along with the Joint Secretary, Dr. H.S. Mewada, (Technical
Education) submits that the respondents may be allowed liberty to
transfer the petitioner after six months from today or on
completion of the PHD Course of the petitioner, whichever is
earlier.
8. In view of the above, this Court disposes of this petition
with a direction to the respondents to allow the petitioner to
continue at Government Polytechnic College, Sikar. The
respondents would be also at a liberty to pass fresh order of
transfer of the petitioner, in case they feel necessary in the
administrative exigency after six months or on completion of the
PHD Course of the petitioner, whichever is earlier. The respondents
shall accommodate respondent No. 3 Rachit Jangid at some other
place against post of Lecturer Computer Science.
9. Since the main petition has been dismissed, all other
pending application/s, if any, also stands dismissed.
(GANESH RAM MEENA),J
DIVYA SAINI /367
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