Rajasthan High Court - Jodhpur
Ashok Kumar Songara vs Jodhpur Vidyut Vitaran Nigam Limited ... on 30 May, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:26674]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11046/2025
Ashok Kumar Songara S/o Shri Mohan Lal Songara, Aged About
49 Years, R/o Near Ramdev Temple, Gopeshwar Basti District
Bikaner (Rajasthan).
----Petitioner
Versus
1. Jodhpur Vidyut Vitaran Nigam Limited, Through Chief
Managing Director, New Power House Road, Jodhpur,
Jodhpur.
2. Secretary (Adm.), Jodhpur Vidyut Vitaran Nigam Limited,
New Power House Road, Jodhpur, Jodhpur.
3. Assistant Engineer, (Rural) Jodhpur Vidyut Vitran Nigam
Limited, Bikaner.
----Respondents
For Petitioner(s) : Mr. Ashok Kumar Songara (petitioner
present in person)
For Respondent(s) :
HON'BLE MS. JUSTICE REKHA BORANA
Order
30/05/2025
1. Lawyers are abstaining from work.
2. Petitioner Mr. Ashok Kumar Songara is present in person.
3. The present writ petition has been filed aggrieved of office
order dated 09.05.2025 (Annexure-2 & 3) whereby the petitioner
has been sought to be transferred because of the ongoing
exigency around border areas of Jodhpur District.
4. Petitioner submits that the controversy rests covered by the
judgment passed by this Court in Mansukh Vs. Jodhpur
Vidhyut Vitran Nigam Ltd. & Ors; S.B. Civil Writ Petition No.
[2025:RJ-JD:26674] (2 of 3) [CW-11046/2025]
10236/2025 and other connected matters (decided on
28.05.2025).
5. In Mansukh's case (supra) this Court observed and held as
under:
"11. So far as the ground raised by the counsels
qua the legality of the order is concerned, this Court
does not find any reason to delve into the said issue for
the reasons aforementioned. But then, as is the
admitted position, the exigency because of which the
order impugned was passed has now come to an end.
Therefore, the impugned order does deserve re-
consideration by the authorities concerned.
12. The respondent authorities would definitely be
under an obligation now to take into consideration the
fact that the said order is in contravention to the ratio
laid down by a Co-ordinate Bench of this Court in the
case of Sharwan Kumar vs. Jodhpur Vidyut Vitran
Nigam Limited & Ors; SBCWP No.2938/2024 (decided
on 14.02.2025).
13. Further, as it evident from order No.968 dated
26.05.2025 passed by the Local Self Department and
order dated 27.05.2025 passed by the Medical
Department, the transfer orders passed by the said
departments because of the prevailing circumstances,
have subsequently been withdrawn.
14. Principles of equity and parity says the present
order impugned also deserves the same consideration
and treatment.
15. In view of the overall facts, the present writ
petitions are disposed of with the direction to the
respondent-authorities to re-consider order dated
09.05.2025 while keeping in mind that the exigency
because of which the said order was passed, has now
ceased. The authorities shall further be under an
obligation to keep into consideration the ratio as laid
[2025:RJ-JD:26674] (3 of 3) [CW-11046/2025]
down in Shrawan Kumar's case (supra). The re-
consideration, as directed above, be made and
consequential orders (reasoned and speaking) be passed
by the competent authority within a period of two weeks
from the receipt of the copy of the present order.
16. Stay petitions and pending applications, if any,
stand disposed of."
6. In view of the above, the present writ petition is
disposed of in the same terms and directions as passed in the
case of Mansukh (supra).
7. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
11-Devanshi/-
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