Sanjay Kumar Pareek vs Jodhpur Vidyut Vitran Nigam Limited ...
2025 Latest Caselaw 11152 Raj

Rajasthan High Court - Jodhpur

Sanjay Kumar Pareek vs Jodhpur Vidyut Vitran Nigam Limited ... on 4 April, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:17537-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 523/2025

Sanjay Kumar Pareek, House No. 26, Sector 12 L, Hanumangarh
Junction, At Present Posted As Accounts Officer In The Officer Of
Ao (O And M), Hanumangarh.
                                                                       ----Appellant
                                       Versus
1.       Jodhpur Vidyut Vitran Nigam Limited, New Power House
         Jodhpur Through Its Managing Director.
2.       Secretary (Admin), Jodhpur Vidyut Vitran Nigam Limited,
         New Power House Jodhpur
3.       Superintending Engineer (District Circle), Jodhpur Vidyut
         Vitran Nigam Limited, Hanumangarh.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Vikas Bijarnia
For Respondent(s)            :     Mr. Pradeep Sharma



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

04/04/2025

1. Learned counsel for the appellant has drawn attention of this

Court to the order passed by this Court in spouse case in the

matter of Pradeep Kumar Vs. State of Rajasthan and Ors. : D.B.

Spl. Appl. Writ No.332/2025, rendered on 27.02.2025, the same

is reproduced hereunder:-

1. The grievance of the appellant is that while transferring him, the respondents have not explored the possibility of posting the petitioner-appellant and his wife together as far as possible and subject to administrative exigency in the same District anywhere in the State of Rajasthan.

2. Though the appellant has been transferred to Mohangarh, District Jaisalmer, the wife of the appellant - Mukesh, has

[2025:RJ-JD:17537-DB] (2 of 3) [SAW-523/2025]

not been transferred and she continues at Kanwari, District Churu.

3. In absence of there being any ground relating to absence of jurisdiction, violation of law or malafides, interference with the transfer order is not warranted.

4. However, taking into consideration the hardship that the respondents have not explored the possibility of posting the appellant and his wife in one district, this aspect would require consideration. Due to long continuance, transfer is in administrative exigency, so continuance at the present place would be against administrative exigency.

5. On appellant submitting a representation/application within a period of 10 days from today, the competent authority shall explore the possibility of posting the appellant and his wife in one District anywhere in the State of Rajasthan. Necessary orders be also passed within a period of one month from the date of submission of the representation/application.

6. Till appropriate orders are passed, no coercive steps shall be taken against the appellant.

7. Accordingly, the special appeal (writ) is disposed of.

8. All pending applications, if any, shall also stand disposed of. '

2. Learned counsel for the appellant, thus, makes a limited

submission that the respondents may be directed to consider and

decide the representation of the appellant, while taking into

consideration the judgment rendered in the case of Pradeep

Kumar (supra).

3. In light of the limited submission made, the present appeal is

disposed of while directing the respondents to pass necessary

orders strictly in accordance with law within a period of one

month from today regarding the representation of the appellant,

while taking into consideration the order passed by this Court in

the case of Pradeep Kumar (supra).

4. Till the appropriate orders are passed, no coercive action

shall be taken against the appellant.

[2025:RJ-JD:17537-DB] (3 of 3) [SAW-523/2025]

5. Stay application and all pending applications, if any, stand

disposed of.

(SUNIL BENIWAL),J (DR.PUSHPENDRA SINGH BHATI),J

14-Sudheer/-

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