Rajasthan High Court - Jodhpur
Court In The Case Of Dr. Smt. Pushpa Mehta vs Rajasthan Civil on 3 August, 2015
Author: Sandeep Mehta
Bench: Sandeep Mehta
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S.B.CIVIL WRIT PETITION NO.8141/2015
Date of order : 3.8.2015
HON'BLE MR. JUSTICE SANDEEP MEHTA
Mr.Pramendra Bohra, for the petitioner.
<><><> Heard and perused the material available on record. By way of the instant writ petition, the petitioner seeks to assail the legality and validity of the order Annex.2 dated 7.7.2015 whereby, the petitioner has been shunted from the office of Colonisation Department, Tehsil Kolayat, Bikaner to the office of Additional Commissioner Colonisation, Jaisalamer on work arrangement basis.
Learned counsel for the petitioner submits that the petitioner is to retire in next 13 months and as such, his transfer/shifting to Jaisalmer in the eve of his service tenure is totally illegal and contrary to the principles enunciated by the Division Bench of this Court in the case of Dr. Smt. Pushpa Mehta. Vs. Rajasthan Civil Services Appellate Tribunal & Ors. reported in RLW 2000(1) Raj.
233. He contends that the petitioner approached the Rajasthan Civil Services Appellate Tribunal against the illegal transfer order but the Tribunal rejected the petitioner's appeal in limine without properly appreciating the ratio of Pushpa Mehta's case (supra). He thus, submits that the impugned transfer order is illegal and deserves to be quashed.
The matter requires consideration.
Issue notice to the respondents returnable in six weeks. In the meantime, the effect and operation of the transfer order Annex.2 dated 7.7.2015 shall remain stayed. 2
(SANDEEP MEHTA), J.
/S.Phophaliya/