Citation : 2025 Latest Caselaw 6485 Raj
Judgement Date : 4 February, 2025
[2025:RJ-JD:6837]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3034/2025
Narayan Singh Deora S/o Durjan Singh, Aged About 59 Years,
Village Chuli, Tehsil Sheoganj, District Sirohi. At Present Working
As Supervisor At Office Of State Insurance And Provident Fund
Department Sirohi, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Si And Pf, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. Director, Secondary Education, Department Of State
Insurance And Provident Fund Government Of Rajasthan,
Jaipur, Rajasthan.
3. Additional Director (Administration), Department Of Si
And Pf, Government Of Rajasthan, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. K.P. Raj Singh.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
04/02/2025
1. Petitioner herein, inter-alia, seeks quashing of an office order
dated 15.01.2025 (Annex.2), vide which he was transferred from
Sirohi to Barmer.
2. Having heard the learned counsel for the petitioner and after
perusal of the case file, it is borne out that not only the petitioner
has been transferred 250 kms. away, which will essentially disrupt
his entire family life towards the fag end of his career apart from
being an additional financial burden, but otherwise also, the intent
of providing security of tenure of two years immediately preceding
[2025:RJ-JD:6837] (2 of 3) [CW-3034/2025]
the superannuation is that there are no hurdles in the retiral
benefits as well as pension to be granted to an official, who is
demitting the office as his file has to be handled on the
administrative side by the parent department and treasury on
priority from where he eventually retires.
3. Learned counsel for the petitioner submits that the issue
raised in the present writ petition is covered by a judgment
rendered in Dr. (Smt.) Pushpa Mehta Vs. Rajasthan Civil
Services Appellate Tribunal & Ors. Reported in 2000(2)
WLC 725. He submits that the petitioner is sanguine that, in case
he is allowed to file a representation qua the grievance raised in
the present writ petition and the same is considered in light of the
aforesaid judgment, he will be meted out with favorable
treatment.
4. In view of the aforesaid, without commenting on the merits
of the case, the petition filed by the petitioner is disposed of with
a direction to the competent authority to decide the
representation (may file fresh, if not already filed) of the
petitioner, in accordance with law, keeping in view the
observations made in the case of Pushpa Mehta (supra), within a
period of 30 days from the date petitioner approaches the
competent authority of the respondents with the web-print of the
instant order.
5. Till then, the impugned order dated 15.01.2025 (Annex.2)
qua the petitioner shall be kept at abeyance. In case it is found
that the case of the petitioner is not covered by the judgment
[2025:RJ-JD:6837] (3 of 3) [CW-3034/2025]
rendered in Pushpa Mehta, ibid, specific reasons thereof shall be
given by passing a speaking order.
6. It is made clear that till the administrative decision is taken,
the petitioner shall be allowed to discharge his duties at the
current place of posting.
7. Pending application(s), if any, stand disposed of.
(ARUN MONGA),J 114-DhananjayS/Rmathur/-
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