Rajasthan High Court - Jodhpur
Sandeep Kumar vs Jvvnl Jodhpur & Ors on 7 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11714 / 2016 Sandeep Kumar S/o Shri Inder Raj Dudi, aged 23 years, resident of Village/Post kalwasiya, Tehsil Sadul Shahar, District Sri Ganganagar.
----Petitioner Versus
1. Jodhpur Vidhyut Vitran Nigam Ltd. Through the Managing Director, Jodhpur Discom, Jodhpur.
2. The Personnel Officer, District Circle, Jodhpur Discom,Jodhpur.
3. The Superintending Engineer, District Circle, Jodhpur Discom, Jodhpur.
4. The Secretary (Admn.), Jodhpur Discom, Jodhpur.
----Respondents _______________________________________________ ______ For Petitioner(s) : Ms. Archana Joshi, Adv. For Mr. R.S. Saluja, Adv.
For Respondent(s) : Mr. Vinod Choudhary Adv. For Mr. Kuldeep Mathur, Adv.
_______________________________________________ ______ JUSTICE DINESH MEHTA Judgment 07/04/2017 Broadly speaking, both the parties agree that the issue involved in the present case is squarely covered by the judgment dated 19.09.2016 rendered in S.B. Civil Writ Petition No.10026/2016 (Pawan Kumar Vs. The Secretary (Admn.), Jodhpur Discom, Jodhpur & Ors.) along with other connected matters.
Counsel for the petitioner, however, submits that there is yet another issue viz., the petitioner's wife had opted for transfer at her desire to remain in the District where her husband (petitioner) was posted. As a result of such desired posting, she has lost her seniority.
Ms. Archana Joshi further submitted that as the petitioner has again been transferred, it would cause hardship to him as well as to his wife, who has lost her seniority.
In view of the above submission, this Court deems it appropriate and expedient to direct the petitioner to file a representation before the respondent Nigam within a period of seven days from the date of receipt of certified copy of this order, ventilating his grievances confined to the facts stated above and the Competent Authority, of Jodhpur Vidhyut Vitran Nigam Ltd. shall decide the same within a period of 14 days thereafter.
An interim order had been passed by this Court on 07.10.2016, wherein the petitioner's transfer had been kept in abeyance. The said interim order shall continue till 30.04.2017, in peculiar facts of the present case.
With these observations, the writ petition is disposed of in terms of the judgment passed in Pawan Kumar (Supra) as indicated above.
Needless to observe that the respondent shall be free to take decision in accordance with law and as applicable in the transfer policy. Direction of this Court to decide the representation expeditiously shall not create any right to the petitioner, seeking decision of the representation in a particular manner.
Writ petition stands disposed of.
(DINESH MEHTA)J. Mamta/142