HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Spl. Appl. Writ No. 1037 / 2017

Magraj Sharma, S/o Late Sh. Radha Kishan Sharma, Aged About
59 Years, B/c Sharma, R/o 162, Shakti Nagar, Himmat Nagar,
Pali, Tehsil & District Pali (Raj.).

----Appellant

Versus

1. State of Rajasthan Through the Secretary Cum

Commissioner, Rural Development and Panchayati Raj
Department, Government of Rajasthan, Jaipur (Raj.).

2. Additional Commissioner & Secretary, Rural Development

and Panchayati Raj Department, Jaipur (Raj.).

3. The Chief Executive Officer, Zila Parishad, Pali, District Pali

(Raj.).

4. The Vikas Adhikari, Panchayat Samiti Pali, District Pali (Raj.).

5. Rajasthan Civil Services Appellate Tribunal Jodhpur Through

Its Registrar

----Respondents

_____________________________________________________

For Appellant(s) : Mr. Narpat Singh & Mr. Bhupendra Singh.

For Respondent(s) : Mr. Manish Patel, Govt. Counsel.

_____________________________________________________

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHUR

JUDGMENT

Per Honble Mr. G.K. Vyas, J.

Date of Judgment 14/12/2017

Heard learned counsel for the appellant as well as learned

counsel for the respondents No.1 to 4.

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[SAW-1037/2017]

The instant special appeal has been filed by the

appellant/writ-petitioner under Rule 134 of the Rajasthan High

Court Rules 1952 read with Article 225 of the Constitution of India

challenging the order dated 18.08.2017 passed by learned Single

Judge in SBCWP No.12987/2016, in which order of transfer was

under challenge.

It emerges from the facts that order dated 24.10.2016

passed by Rajasthan Civil Services Appellate Tribunal, Circuit

Bench, Jodhpur (Tribunal) dismissed the appeal filed by the

appellant/writ-petitioner against the impugned transfer order

dated 10.10.2016 was dismissed. The transfer order dated

10.10.2016 was passed by Additional Commissioner & Secretary,

Rural Development and Panchayati Raj Department, Jaipur

whereby the appellant/writ-petitioner who was working as

Panchayat Extension Officer was transferred.

At the threshold learned counsel for the appellant submits

that during pendency of the writ petition, stay order was operating

against the impugned transfer order. In the writ petition, the

order of learned Tribunal and transfer order dated 10.10.2016

were under challenge on various grounds but now in this appeal,

the only ground taken by the learned counsel for the appellant is

that the appellant/writ-petitioner is going to retire on 30.06.2018

on attaining the age of superannuation. Therefore, in view of

judgment rendered by Division Bench of this Court in the case of

Dr. (Smt.) Pushpa Mehta Vs. Rajasthan Civil Services

Appellate Tribunal & Ors. reported in 2000 (2) WLC (Raj.)

725, the appellant/writ-petitioner is entitled to remain at the

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[SAW-1037/2017]

place where he is working because he is going to retire on

30.06.2018.

Learned counsel for the respondent- State does not dispute

the fact that the appellant/writ-petitioner is going to retire on

30.06.2018.

In view of above, we are of the opinion that the

appellant/writ-petitioner who is at the verge of retirement, the

respondents should give sufficient time to its employee so as to

plan peacefully his/her post retirement life because it is legitimate

expectation of the employee who has served the Department for

major part of his/her life.

In view of above, while following the aforesaid judgment in

the case of Dr. (Smt.) Pushpa Mehta (supra), the instant

special appeal is hereby allowed only on the ground that the

appellant/writ-petitioner is going to retire on 30.06.2018.

Accordingly, the order dated 24.10.2016 passed by Tribunal in

Appeal No. 807/2016, transfer order dated 10.10.2016 and the

order passed by learned Single Judge dated 18.08.2017 are

hereby quashed with a further direction that the appellant/writ-

petitioner may be allowed to work at the place where he was

working prior to passing the transfer order dated 10.10.2016 till

his superannuation.

(DR. VIRENDRA KUMAR MATHUR)J. (GOPAL KRISHAN VYAS) J.

DJ/-
35