Mahendra Singh vs Director (Non-Gazetted) ...
2025 Latest Caselaw 6653 Raj

Rajasthan High Court - Jodhpur

Mahendra Singh vs Director (Non-Gazetted) ... on 6 February, 2025

[2025:RJ-JD:7468]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 3286/2025

Mahendra Singh S/o Shri Indraj Singh, Aged About 59 Years,
Resident Of Village Haripura, District Churu, At Present Posted As
Nursing Officer, Posted At Govt. Sub District Hospital Taranagar ,
District Churu.
                                                                       ----Petitioner
                                       Versus
1.       Director       (Non-Gazetted),              Cum-Additional         Director
         (Administration), Medical And Health Services, Tilak Marg,
         Jaipur
2.       Chief Medical And Health Officer, Ratangarh Churu.
3.       Principal Medical Officer, Govt. Sub District Hospital ,
         Taranagar, District Churu.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Vikas Bijarnia.
For Respondent(s)            :     Mr. Mukesh Dave, AGC a/w Mr. Tanuj
                                   Jain.



               HON'BLE MR. JUSTICE ARUN MONGA

Order(Oral)

06/02/2025

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

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

Taranagar, District Churu to Lohawat, Phalodi. He is 59 years old

and he is at the fag end of his service career, as his retirement is

due on 31.07.2025.

2. Heard.

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.

[2025:RJ-JD:7468] (2 of 2) [CW-3286/2025]

4. Whereas learned counsel for respondent argues that transfer

is an integral part of service conditions of a government employee

and the same arise out of the administrative exigencies.

Therefore, no indulgence is warranted by this Court.

5. Having heard the rival contentions and on perusal of the case

file, I am of the opinion that petitioner deserves indulgence in light

of the impending date of superannuation i.e. 31.07.2025.

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

order dated 15.01.2025 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
                                     15-/Jitender/Sumit


                                   Whether fit for reporting :       Yes     /         No.









Powered by TCPDF (www.tcpdf.org)