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2024 Supreme(Raj) 379

MANINDRA MOHAN SHRIVASTAVA, MADAN GOPAL VYAS
Darshan Singh Solanki, S/o. Shri Balveer Ram Solanki – Appellant
Versus
Union Of India, Through Its Secretary, Ministry Of Finance, Department Of Revenue – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manoj Bhandari, Sr. Adv. assisted by Mr. Navneet Singh Birkh.
For the Respondents: Mr. Vivek Shrimali.

ORDER :

1. Heard.

2. This petition under Article 227 of the Constitution of India is preferred against order dated 30.01.2024, by which the Tribunal has dismissed the Original Application filed by the petitioner.

3. We consider it appropriate to refer to some essential facts necessary for determination of controversy involved in this petition, which are stated infra.

4. The petitioner was initially appointed as Inspector in the Central Board of Excise and Customs(CBEC) and was posted in Vadodara zone. The petitioner’s wife was employed as Teacher in the education department of the Government of Rajasthan and she remained posted in Rajasthan. A circular was issued on 27.10.2011 which permitted inter commissionerate transfer on certain conditions applicable to certain beneficiary classes which included a case of request for transfer on the ground that the spouse was posted in another zone. The petitioner made an application for his transfer from Vadodara zone to Jaipur zone on the ground that his wife was posted in Jaipur zone. The representation was considered favourably under circular dated 27.10.2011 and the petitioner was eventually transferred to Jaipur zone vide order dated 13.0

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