Rajasthan High Court - Jodhpur

Dinesh Damor vs The State Of Rajasthan ... on 4 September, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:39358]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Writ Petition No. 16599/2025

1.       Dinesh Damor S/o Shri Vesta Damor, Aged About 38
         Years, R/o Ward No.7, Bharatgadh (Khedli) Kalinjara, Teh-
         Kushalgadh, District Banswara (Raj.).
2.       Dilip Kumar Garasiya S/o Shri Man Singh Garasiya, Aged
         About 32 Years, R/o Chapara Gati, Hamirpura Bada, Teh-
         Peeplod, District Banswara (Raj.).
3.       Ritesh Katara S/o Shri Kalsingh Katara, Aged About 27
         Years, Ward No.8, Ragapada (Badwas Choti) Badwasa,
         District Banswara (Raj.).
4.       Suraj Mehta S/o Shri Ramesh Chandra Mehta, Aged About
         32 Years, R/o Bamniya, Teh- Kherwada, District Udaipur.
5.       Pravin Damor S/o Shri Harlal Damor, Aged About 31
         Years, R/o Ward No.9, Village- Himmat Singh Ka Gada,
         Post- Rujiya, Teh- Ghatol, District Banswara (Raj.).
6.       Sanjay Meena S/o Shri Laxman Lal Meena, Aged About 30
         Years, R/o Bhalun Guda, Dhelana, District Udaipur.
7.       Prakash Chandra S/o Shri Sabiya, Aged About 40 Years,
         R/o Ghati Gada, Nagwara, District Banswara (Raj.).
                                                      ----Petitioners
                                 Versus
1.       The State Of Rajasthan, Through The Secretary,
         Department Of Animal Husbandry, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       The     Director,   Directorate   Of   Animal    Husbandry
         Department, Government Rajasthan, Jaipur. Of
3.       The Joint Director, Animal Husbandry Department,
         Bikaner District Bikaner.
4.       The Joint Director, Animal Husbandry Department,
         Barmer, District Barmer.
5.       The Joint Director, Animal Husbandry Department,
         Jaisalmer, District Jaisalmer.
                                                    ----Respondents


For Petitioner(s)         :     Mr. O.P. Sangwa
For Respondent(s)         :     Ms. Rakhi Choudhary, Dy.G.C.


               HON'BLE DR. JUSTICE NUPUR BHATI

Order

04/09/2025

1. By way of instant writ petition, the petitioners have invoked

writ jurisdiction of this Court under Article 226 of the Constitution

of India seeking following relief(s):

[2025:RJ-JD:39358] (2 of 4) [CW-16599/2025]

"(i). the impugned transfer order dated 09.05.2025(Anex.-1) passed by the respondent No.2, annex.-1 may kindly be quashed and set aside with all natural benefits qua the petitioners.

(ii). The respondents may kindly be directed to post the petitioners at the place where they were working prior to passing the order dated 09.05.2025(Annex.-1)

(iii) Any other appropriate writ, order of direction which Hon'ble Court deems just and proper in the facts the circumstances of the case may kindly be passed in favour of the petitioner. Writ petition filed by the petitioners may kindly be allowed with cost."

2. Brief facts of the case are that the petitioners, employed as

Live Stock Inspectors, were temporarily posted to veterinary sub-

centers in Bikaner, Barmer, and Jaisalmer Districts under order

dated 09.05.2025 due to a war situation between India and

Pakistan. On 08.05.2025, the Department of Personnel (DOP)

restricted leaves for all government employees, but this was lifted

on 16.05.2025 as the border situation normalized. While other

departments, including Medical, Police, Food Security, Drug

Control, and Local Self, returned their staff to original postings

after the ceasefire (via orders dated 27.05.2025, 28.05.2025,

17.07.2025, 23.07.2025, and 26.05.2025), the petitioners'

department has not issued such orders despite directives from the

concerned minister (18.07.2025) and the Chief Minister

(23.06.2025). This inaction contrasts with a judgment of this

Court dated 22.07.2025 (SBCWP No.13533/2025 titled as "Madan

Singh Sisodia vs. JdVVNL & Ors."), which quashed similar transfers

for JdVVNL staff. Additionally, the petitioners' transfer from Tribal

Sub-Plan (TSP) to non-TSP areas violates circular dated

16.07.2018. Being aggrieved of the transfer order dated

[2025:RJ-JD:39358] (3 of 4) [CW-16599/2025]

09.05.2025 (Annexure-1), the petitioners have preferred the

present writ petition.

3. Learned counsel for the petitioners submits that on account

of situation prevailing national security and disaster management,

the petitioners were transferred vide order dated 09.05.2025

posting them at Border Districts. He further submits that the

situation has now normalized despite that the petitioners have not

been sent back to their earlier place of posting by the respondents

by withdrawing the order impugned.

4. In support of his contention, learned counsel for the

petitioners submits that in identical controversy, the Coordinate

Bench of this Court allowed the writ petition vide order dated

20.08.2025 in the case of Rakesh Kumar Samria & Ors. Vs.

State of Rajasthan & Ors : S.B. Civil Writ Petition

No.15036/2025. The relevant part of the order is reproduced

hereunder:-

"xxxxxx

10. In the result, the writ petition is allowed. The respondents are directed to dispose of the representations of the petitioners by complying with the directions of the Minister and shall repatriate the petitioners to the posts which they were occupying prior to the transfer, if such posts are kept vacant and if such posts are already filed-in by the date of compliance of this order, the respondents are directed to consider repatriation of the petitioners to some other posting by considering the choice of the petitioners. It is made clear that this order shall not come in the way of the respondent-Department to take a decision on transfer basing on the administrative exigencies and as per the Policy of the Government.