Rajasthan High Court - Jaipur
Dr. Naresh Kumar Saxena S/O Late Shri ... vs State Of Rajasthan on 25 May, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. 2nd Stay Application No.7238/2022
IN
S.B. Civil Writ Petition No. 619/2022
Dr. Naresh Kumar Saxena S/o Late Shri A.k. Saxena
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rakesh Kumar. For Respondent(s) : Ms. Priyanka Pareek.
Mr. Rishi Kumar Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 25/05/2022 Counsel for the petitioner submits that wife of the petitioner is a government employee and working at Jaipur. Counsel further submits that the petitioner has been transferred just after nine months of his posting to a remote place at District Baran which is about 500 kms away from Jaipur.
In support of his contention counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of SK Nausad Rahaman & Ors. Vs. Union of India & Ors. (Civil Appeal No.1243 of 2022) decided on 10th March, 2022, where in para No.51 it has been held as under:-
"51. The State in the present case has been guided by two objectives: first, the potential for abuse of ICTs and second, the distortion which is caused in service leading to plethora of litigation. The State while formulating a policy for its own employees has to give due consideration to the importance of protecting family life as an (Downloaded on 30/05/2022 at 08:51:20 PM) (2 of 2) [CW-619/2022] element of the dignity of the person and a postulate of privacy. How a particular policy should be modulated to take into account the necessities of maintaining family life may be left at the threshold to be determined by the State. In crafting its policy however the State cannot be heard to say that it will be oblivious to basic constitutional values, including the preservation of family life which is an incident of Article 21."
Counsel for the respondents seeks time to take instructions about posting of the petitioner and his wife at same place or near by place.
In that view of the matter, list this matter on 06.07.2022. Meanwhile, operation of the order dated 30.09.2021 (Annexure-4) qua the petitioner shall remain stayed.
(INDERJEET SINGH),J MG/289 (Downloaded on 30/05/2022 at 08:51:20 PM) Powered by TCPDF (www.tcpdf.org)