High CourtsSingle Bench(2012) 02 RAJ CK 0078

Moola Ram Choudhary vs The State of Rajasthan and Others

Rajasthan High Court · Decided on 15 February 2012

HON’BLE JUDGES
Dinesh Maheshwari, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 4538 of 2008

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Judgment

6 paragraphs · 251 words

Dinesh Maheshwari

1.

In this writ petition, the petitioner, who has been working on the post of Teacher Gr. III, has questioned his transfer order dated 25.06.2008.

2.

The learned counsel for the parties submit ad idem that the issue involved in this matter stands covered with the decision of this Court in the case of Ram Singh Vs. State & Ors., decided on 18.08.2008 [2008 (2) RLW 1750].

3.

On 14.07.2008, show cause notices were issued in this petition and the operation and effect of the impugned order dated 25.06.2008 was stayed qua the present petitioner subject to the condition that the petitioner had not already been relieved. Such a position has hitherto continued.

4.

Having regard to the facts and circumstances of the case and the decision in Ram Singh''s case (supra), it appears in the fitness of things and in the interest of justice that the said impugned order dated 25.06.2008 be annulled qua the present petitioner subject to the observations that annulment of this impugned order shall not be of any prejudice to either of the parties. In other words, the respondents shall be free to pass the fresh appropriate transfer/posting orders regarding the petitioner in case so necessary, but strictly in accordance with law and in that relation too, it shall be open for all the concerned to take recourse to the appropriate remedies in accordance with law.

5.

The writ petition is partly allowed to the extent and in the manner indicated above. No costs.