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2023 Supreme(Raj) 1016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Raghuveer Singh – Appellant
Versus
Jodhpur Vidhyut Vitran Nigam Limited & Ors. – Respondent
S.B. Civil Writ Petition No. 15944 of 2022
Decided On : 10-01-2023
Om Prakash Kumawat, Advocate, Anil Upadhyay, Advocate, Bhavit Sharma, Advocate
The court emphasized the importance of considering the circumstances of a low paid employee and the potential impact of a transfer on their financial and family life in deciding the representation.
Headnote:
Transfer - Low Paid Employee - The court directed the petitioner to file a representation to the competent authority pointing out vacant posts within a period of two weeks. The competent authority was directed to decide the representation in accordance with the law, considering the petitioner's status as a low paid employee and the potential impact of the transfer on his financial and family life.
Fact of the Case:
The petitioner challenged a transfer order on the grounds of being contrary to the Nigam's policy and being detrimental to the petitioner as a low paid employee.
Finding of the Court:
The court directed the petitioner to file a representation to the competent authority and instructed the competent authority to decide the representation in consideration of the petitioner's status as a low paid employee and the potential impact of the transfer on his financial and family life.
Issues: Transfer contrary to policy, Transfer of low paid employee to a distant place
Ratio Decidendi: The court emphasized the need for expeditious redressal of the petitioner's grievance and directed the competent authority to consider the petitioner's circumstances in deciding the representation.
Final Decision: The writ petition and stay application were disposed of accordingly.
JUDGMENT
Dinesh Mehta, J. - The petitioner has challenged the transfer order dated 16.10.2022 on two counts :
(i) The petitioner has been transferred contrary to policy of the Nigam, which provides that an employee will not be transferred till he serves one place for ten years.
(ii) The petitioner is a low paid employee and has been transferred about 500 km away from the present place of posting.
2. Mr. Bhavit Sharma, learned counsel for the respondents opposed petitioner’s prayer.
3. So far as petitioner’s first ground is concerned, the same has been set at rest by this Court vide order dated 06.12.2022 in the case of Pramod Saini Vs. Chief Engineer, JdVVNL & Ors : SB Civil Writ Petition No.16080/2022.
4. So far as petitioner’s second ground that petitioner, who is a low paid employee, has been transferred to a place which is more than 500 km away (Bhadra, Hanumangarh to Khiwara, Pali) from the present place of posting is concerned, without going into the merit of the case, the petitioner is directed to file a representation to the competent authority pointing out vacant posts within a period of two weeks alongwith a certified copy of the order instant.
5. In case, such representation is filed by the petitioner, the competent authority shall decide the same in accordance with law, preferably within a period of four weeks from the receipt thereof, while keeping in mind that the petitioner is a low paid employee and his transfer to such a distant place may disturb his financial and family life.
6. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner’s grievance. The same may not be construed to be an order to decide the representation in a particular manner.
7. The writ petition so also stay application stands disposed of accordingly.
