Madan Lal Swami vs State Of Rajasthan (2025:Rj-Jd:6359)
2025 Latest Caselaw 6369 Raj

Rajasthan High Court - Jodhpur

Madan Lal Swami vs State Of Rajasthan (2025:Rj-Jd:6359) on 3 February, 2025

[2025:RJ-JD:6359]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 2558/2025

Madan Lal Swami S/o Shri Danaram Swami, Aged About 59
Years, Resident Of Ward No. 4 Swami Mohalla Taranagar Distrct
Churu Presently Working As Pump Dirver-Ii In The Office Of
Public    Health      And      Engineering          Department           Sub-    Division
Taranagar District Churu
                                                                            ----Petitioner
                                         Versus
1.       State       Of    Rajasthan,          Through          Secretary       To    The
         Government Public Health And Engineering Department
         Government Of Rajasthan,secretariat Jaipur
2.       Chief      Engineer        (Administration),           Public      Health   And
         Engineering Department Rajasthan, Jaipur
3.       Superintendent Engineer, Public Health And Engineering
         Department Rajasthan, Churu
4.       Assistant        Engineer,        Public      Health         And    Engineering
         Department Sub-Division Taranagar District - Churu
                                                                       ----Respondents


For Petitioner(s)              :     Mr. Dev Krishna Gaur.
For Respondent(s)              :



                 HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

03/02/2025

1. Petitioner herein, inter alia, seeks quashing of an order dated

15.01.2025 (Annex.-2) vide which he has been transferred from

Public Health & Engineering Department, Sub-Division Taranagar,

District Churu to Public Health & Engineering Department,

Revenue Sub-Division, Pali.

2. The petitioner is 59 years old, who is suffering from age-

related ailments, is scheduled to retire in less than four months.

[2025:RJ-JD:6359] (2 of 2) [CW-2558/2025]

3. Learned counsel for the petitioner relies on the Division

Bench judgment rendered in Dr. Pushpa Mehta Vs. State [2000

(2) WLC 725] and contends, in my view, rightly so, that the

impugned transfer order is also contrary to the judgment ibid.

4. Having heard learned counsel for the petitioner, it also

transpires that the petitioner works as a Pump Driver-II (Class IV)

and is a low-paid employee and can ill afford to relocate his entire

family to the transferred place i.e. about 400km.

5. In the premise, I am of the opinion that petitioner deserves

indulgence on the ground of his impending date of superannuation

alone i.e. 31.05.2025 coupled with petitioner's medical condition

owing to which, it may not be possible for him to relocate himself

as the same would result in disruption of the treatment and may

have cascading adverse consequences.

6. As an upshot, writ petition is allowed. Impugned transfer

order dated 15.01.2025 (Annex.-2) qua the petitioner is quashed.

Respondents are directed to either accommodate the petitioner on

the same post or an alternative post in the same district i.e.

Churu.

7. Pending application, if any, stands disposed of.

(ARUN MONGA),J 66-/Jitender/Rmathur/-

                                   Whether fit for reporting:   Yes     /     No









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