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2021 Supreme(Raj) 1447
RAJASTHAN HIGH COURT
Arun Bhansali, J.
Vaibhav Bhargava - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 16918 of 2021
Decided On : 06-12-2021
Important Points
Subject
Administrative Law - Writ Jurisdiction
Headnote
DIRECTION - GOVERNMENT SERVICE TRANSFER - The court directed the respondents to sympathetically consider the petitioner's request for transfer based on the State Government's policy of posting spouses at the same station, emphasizing the need for an objective decision within a specified timeframe.
Fact of the Case:
The petitioner filed a writ petition seeking a transfer to the same location as his wife, who is also in government service, citing the State Government's policy on spouse postings.
Finding of the Court:
The court acknowledged the pending representation of the petitioner and the existence of vacant positions at the desired location, leading to the decision to direct the respondents to consider the request.
Issues: Whether the respondents are obligated to transfer the petitioner based on the State Government's policy regarding spouse postings.
Ratio Decidendi: The court highlighted the importance of the State Government's policy on spouse postings and the need for the respondents to provide a reasoned decision on the petitioner's representation.
Result: The writ petition was disposed of with directions for the respondents to consider the petitioner's representation sympathetically and to issue a decision within three weeks.
Vikram Singh Bhawla, Advocate
JUDGMENT
Arun Bhansali, J. - This writ petition has been filed by the petitioner seeking direction to the respondents to post the petitioner to place where his wife, who is in Government service is posted.
2. Various submissions have been made in the writ petition including submission that it is the policy of the State Government to post the husband and wife at the same station and at the place where the petitioner seeks transfer, there are vacant positions.
3. In view of the submissions, which have been made in the petition and the fact that the petitioner’s representation is already pending with the respondents, the present writ petition is disposed of with a direction to the respondents to sympathetically consider the representation made by the petitioner based on the policy of the State Government.
4. The petitioner would be free to file a fresh representation alongwith the copy of the present writ petition. If such a fresh representation is made, the same may be considered by the respondents objectively and decide the same by a speaking order within a period of three weeks from the date a copy of this order alongwith writ petition/representation is placed before the respondents.
