Rajasthan High Court - Jodhpur
Poora Ram Choudhary vs The State Of Rajasthan ... on 14 February, 2025
[2025:RJ-JD:9090]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4108/2025
Poora Ram Choudhary S/o Heera Ram Choudhary, Aged About
59 Years, Mukane Ka Tla, Leelsar, Barmer Rajasthan Pin Code
344708.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan
Jaipur.
2. The State Director, Secondary Education Rajasthan,
Bikaner Rajasthan.
3. The Divisional Joint Director, School Education, Jodhpur
Rajasthan.
4. The District Education Officer, Primary Education, Barmer,
Rajasthan.
5. The Block Education Officer, Primary Education, Chauhtan
District Barmer Rajasthan.
----Respondents
For Petitioner(s) : Mr. Aman Gaur.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
14/02/2025
1. Petitioner herein, inter-alia, seeks quashing of an order dated
06.12.2024 (Annex.2), vide which he has been transferred from
Sanwalore, Chohtan, Barmer to Kalyanpura, Chohtan, Barmer. He
is 59 years old and at the fag end of his service career.
2. At the very outset, 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
[2025:RJ-JD:9090] (2 of 2) [CW-4108/2025]
considered in light of the aforesaid judgment, he will be meted out
with favorable treatment.
3. 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), as
expeditiously as possible, but not later than 30 days from today.
4. Till then, the impugned order dated 06.12.2024 (Annex.2)
qua the petitioner shall be kept at abeyance and the petitioner
shall be allowed to discharge his duties at the current place of
posting. If it is found that the case of the petitioner is not covered
by the judgment rendered in Pushpa Mehta, ibid, specific reasons
thereof shall be given by passing a speaking order.
5. It is made clear that in case, transfer is still warranted owing
to the petitioner having been declared surplus, endeavour shall be
made to keep him either in the same town where he is currently
posted or within the same district so that his treasury is not
changed causing him undue hardship of likely delay in his
pensionary benefits on his retirement.
6. Pending application(s), if any, stand disposed of.
(ARUN MONGA),J
33-DhananjayS/Rmathur/-
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