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Disposition

allowed

Attorney(S)
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  • Vinit Kumar Mathur
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Disposition

allowed

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  • Vinit Kumar Mathur
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Smart Summary

Factual and Procedural Background

The two writ petitions before the High Court of Judicature for Rajasthan at Jodhpur concern challenges to transfer/posting orders dated 11.07.2018 affecting the petitioners, Praveen Kumar Meena and Shanti Lal Meena, both government primary school teachers in Udaipur district. Each petitioner sought quashing of the respective impugned transfer orders and declared them illegal and arbitrary. The Court had earlier passed interim orders on 17.07.2018 restraining the petitioners from being relieved from their posts until further orders. Over three and a half years elapsed with the petitioners remaining at the same place of posting. The petitions were disposed of after hearing the parties, with directions relating to the quashing of the impugned transfer orders and liberty to the respondents to issue fresh transfer orders in accordance with law and administrative exigencies.

Legal Issues Presented

  1. Whether the impugned transfer/posting orders dated 11.07.2018 issued to the petitioners are illegal, arbitrary, and without reason, warranting quashing by the Court.
  2. Whether the Court should restrain the respondents from relieving the petitioners from their current postings pending final disposal of the writ petitions.
  3. Whether the respondents have the authority to pass fresh transfer orders in accordance with law and administrative exigencies after quashing the impugned orders.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court considered the nature of the petitions challenging transfer/posting orders and noted the interim order dated 17.07.2018 which restrained the petitioners from being relieved from their posts. Given that the petitioners had remained at the same place for over three and a half years, the Court found it appropriate to quash the impugned transfer orders dated 11.07.2018. The Court reasoned that since the administrative exigencies underlying transfer orders can change over time, the respondents should be free to issue fresh transfer orders in accordance with law. The decision reflects a balance between the petitioners' claims and the administrative needs of the government, without delving into the merits of the original transfer decision.

Holding and Implications

DISPOSED OF

The Court quashed the impugned transfer orders dated 11.07.2018 in both writ petitions. The respondents were granted liberty to issue fresh transfer orders in accordance with law and administrative exigencies. The direct effect is that the petitioners remain at their current postings until fresh orders are passed. No new precedent was established by this decision.

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    SHANTI LAL MEENA v. STATE OF RAJASTHAN

    HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

    JODHPUR

    S.B. Civil Writ Petition No. 10065/2018 Praveen Kumar Meena S/o Srhi Thawar Chand Meena, Aged About 41 Years, B/c Meena R/o Village Khokhadara , Tehsil Kherwada , Distt. Udaipur At Presently Working As Teacher Grade Iii - Level - Ii , Govt. Primary School , Bharda - B , Panchayat Samiti , Rishabhdev , Dist. Udaipur ----Petitioner

    Versus

    1. The State Of Rajasthan, Through Secretary, Department Of Secondary Education , Government Of Raj. , Jaipur

    2. District Education Officer (Secondary-I), Udaipur (Raj.)

    3. Chief Executive Officer, Zila Parishad Udaipur ----Respondents

    Connected With

    S.B. Civil Writ Petition No. 10051/2018 Shanti Lal Meena S/o Shri Rama Meena, Aged About 36 Years, By Caste Meena, Village Nichlafala, Khandi Oberi, Tehsil Kherwada, District Udaipur At Presently Working As Teacher Grade Iii- Level-Ii, Govt. Primary School, Khandagod, Panchayat Samiti Rishabdev, District Udaipur

    ----Petitioner

    Versus

    1. State Of Rajasthan, Through Secretary, Department Of Secondary Education, Government Of Rajasthan, Jaipur

    2. District Education Officer (Secondary-I), Udaipur (Raj.)

    3. Chief Executive Officer, Zila Parishad, Udaipur ----Respondents

    For Petitioner(s) : Mr. Jogendra Singh for Mr. Moti Singh

    For Respondent(s) : Mr. Shrawan Kumar, AGC

    HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

    09/01/2023

    1

    S.B. Civil Writ Petition No. 10065/2018:-

    The present writ petition has been filed with the following prayers:-

    "i. By an appropriate writ, order or direction, the impugned order dated 11.07.2018 (Annexure-5) extend to petitioner, may kindly be quashed and set aside;

    ii. By an appropriate writ, order or direction may be issued and order impugned may kindly be declared illegal, arbitrary, without any reason."

    This Court after hearing learned counsel for the parties had passed the interim order on 17/07/2018 to the effect that in case the petitioner has not been relived so far, he may not be relieved till the next date. Since in the present case, the transfer/ posting of the petitioner is involved and the petitioner has remained on the similar place, in view of the interim order passed by this Court and a period of almost three and half years have passed, therefore, the present writ petition is disposed of in terms that the absorption/transfer order dated 11/07/2018 (Annex.-5) qua the petitioner is quashed and the respondents will be free to pass a fresh transfer order in accordance with law considering the administrative exigencies.

    S.B. Civil Writ Petition No. 10051/2018:-

    The present writ petition has been filed with the following prayers:-

    "i. By an appropriate writ, order or direction, the impugned order dated 11.07.2018 (Annexure-4) extend to petitioner, may kindly be quashed and set aside;

    ii. By an appropriate writ, order or direction may be issued and order impugned may kindly be declared illegal, arbitrary, without any reason."

    2

    This Court after hearing learned counsel for the parties had passed the interim order on 17/07/2018 to the effect that in case the petitioner has not been relived so far, he may not be relieved till the next date. Since in the present case, the transfer/ posting of the petitioner is involved and the petitioner has remained on the similar place, in view of the interim order passed by this Court and a period of almost three and half years have passed, therefore, the present writ petition is disposed of in terms that the absorption/transfer order dated 11/07/2018 (Annex.-4) qua the petitioner is quashed and the respondents will be free to pass a fresh transfer order in accordance with law considering the administrative exigencies.

    (VINIT KUMAR MATHUR),J

    392-393/KashishS/-

    3

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    Comments

    SHANTI LAL MEENA v. STATE OF RAJASTHAN
    (Jan 9, 2023)