Devji Fula Savaliya vs State Of Rajasthan (2025:Rj-Jd:10940)
2025 Latest Caselaw 7821 Raj

Rajasthan High Court - Jodhpur

Devji Fula Savaliya vs State Of Rajasthan (2025:Rj-Jd:10940) on 24 February, 2025

[2025:RJ-JD:10940]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14741/2021

Devji Fula Savaliya S/o Shri Fula Laxman Savaliya, Aged About
57 Years, Ambaji Block No. 11, Satyam Society, Danta Road,
Ambaji, District Banaskantha (Gajrat). Presently Residing At
T.n.t. Colony, H.g. School Road, Manpur, Abu Road, Sirohi. (Hall
Senior Veterinary Officer (Svo) At Government Veterinary
Hospital, Abu Road, Distt. Sirohi, Rajasthan).
                                                                      ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Department        Of       Animal         Husbandry,           Rajasthan,
         Government Of Rajasthan, State Secretariat, Jaipur.
2.       The    Director   Cum      Joint      Secretary         To   Government,
         Directorate Of Animal Husbandry, Rajasthan, Jaipur.
3.       The Joint Director, Department Of Animal Husbandry,
         Sirohi (Raj.).
                                                                  ----Respondents


For Petitioner(s)          :    Mr. Abhimanyu Khatri for
                                Mr. S.P. Sharma
For Respondent(s)          :    Mr. Vinay Chhipa - AGC



               HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

24/02/2025

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

27.09.2021 (Annex.-1) vide which he was transferred from

Revdar, Sirohi to Jogapura, Sirohi. He is at the fag end of his

service career, as his retirement is due on 30.04.2025.

2. During the pendency of writ proceedings, vide an order

dated 26.10.2021 passed by a co-ordinate Bench of this Court,

the petitioner was granted interim protection whereby the effect

[2025:RJ-JD:10940] (2 of 2) [CW-14741/2021]

and operation of the impugned order dated 27.09.2021 was

stayed.

3. Aforesaid stay order continues to subsist in favour of the

petitioner till date.

4. Heard.

5. Learned counsel for the petitioner, at the outset, 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 contrary to the judgment ibid.

6. Whereas learned counsel for respondents argues that

transfer is an integral part of service conditions of a government

employee and the same arise out of the administrative exigencies.

Therefore, petition deserves to be dismissed.

7. Having heard the rival contentions and on perusal of the

case file, I am of the opinion that petitioner deserves indulgence

on the short ground of his impending date of superannuation i.e.

30.04.2025.

8. As an upshot, the instant petition is allowed. Impugned

transfer order dated 27.09.2021 (Annex.-1) is quashed.

Respondents are directed to either accommodate the petitioner on

the same post or an alternative post at the same place where he

was working, prior to passing of the impugned transfer order.

9. Pending application(s), if any, stand(s) disposed of.

(ARUN MONGA),J 210-AK Chouhan/-

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