Malu Ram vs Rajasthan State Road Transport ...
2024 Latest Caselaw 7803 Raj

Rajasthan High Court - Jodhpur

Malu Ram vs Rajasthan State Road Transport ... on 6 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:36983]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
                     S.B. Civil Writ Petition No. 18559/2023

 Malu Ram S/o Kesu Ram, Aged About 43 Years, Sadasar, Tehsil
 Nokha, District Bikaner (Raj.).
                                                                           ----Petitioner
                                           Versus
 1.          Rajasthan State Road Transport Corporation, Through
             Chairman & Managing Director, Parivahan Marg, Choumu
             House, Jaipur.
 2.          The Executive Director (Admi.), Rajasthan State Road
             Transport Corporation, Parivahan Marg, Choumu House,
             Jaipur (Rajasthan).
 3.          Chief Manager, RSRTC Bikaner Depot, District Bikaner.
                                                                      ----Respondents


For Petitioner(s)              :     Mr. O.P. Sangwa
                                     Mr. Bheru Lal Jat
For Respondent(s)              :     Mr. Sunil Purohit
                                     Mr. Jasraj Singh



             HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/09/2024

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the order

dated 09.10.2023, whereby, the petitioner has been transferred

from Bikaner Depot to Hanumangarh Depot.

3. Briefly noted the facts in the present petition are that the

petitioner is working on the post of Conductor in the respondent-

Department and is going to superannuate on 31.03.2025. Further,

the petitioner has been transferred vide order dated 09.10.2023

from Bikaner Depot to Hanumangarh Depot. This Court vide order

dated 02.12.2023 stayed the transfer order of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner

is left with less than 7 months of service before his

[2024:RJ-JD:36983] (2 of 2) [CW-18559/2023]

superannuation and, therefore, his transfer is in violation of the

law laid down by this Court in D.B. Special Appeal Writ

No.1430/1999 (Dr. Pushpa Mehta vs. Rajasthan Civil

Services Appellate Tribunal & Ors.) decided on 16.12.1999

reported in RLW 2000 (1) 233. Learned counsel, therefore, prays

that the writ petition may be allowed and the transfer order dated

09.10.2023 may be quashed and set-aside.

5. Learned counsel for the respondents is unable to dispute the

submission made by counsel for the petitioner and submits that

the petitioner is superannuating on 31.03.2025 and has been left

with less than 7 months of service.

6. Considering the submissions made before this Court, keeping

in mind the judgment rendered by this Court in the case of Dr.

Pushpa Mehta (supra) as also considering the fact that the

petitioner is left with few months before his superannuation on

31.03.2025 and the fact that this Court has passed an interim

order on 02.12.2023 staying the transfer order of the petitioner,

the ends of justice will be met if the writ petition is allowed while

confirming the interim order passed by this Court on 02.12.2023.

7. Ordered accordingly.

8. Stay petition as well as other pending applications, if any,

shall stand disposed of.

(VINIT KUMAR MATHUR),J 515-/Arun P/-

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