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2026 Supreme(Online)(Guj) 13694
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.S. Sanjay Gowda, J. L. Odedra, JJ
DAYARAM KUMAVAT S/O JAGDISH PRASADV/sUNION OF INDIA
R/SPECIAL CIVIL APPLICATION NO. 9598 of 2025
For the Appellants/Petitioners: Sunita S Chaturvedi
For the Respondents: Harsheel D Shukla
The court allowed the petitioner to withdraw the writ petition with liberty to pursue a pending transfer application and submit a fresh representation based on parity with similarly placed employees, directing the respondents to consider it in accordance with law.
Headnote:(A) Service Law - Transfer Request - Spouse Grounds - Petitioner granted liberty to pursue a pending transfer application and make a fresh representation based on parity with similarly placed employees upon withdrawal of the writ petition. (Para 5, 6)
Issues: Whether the petitioner could be granted liberty to make a fresh representation for transfer after withdrawing the writ petition.
| Table of Content |
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| 1. background of the transfer request on spouse grounds and the court's interim direction to forward the application. (Para 1 , 2) |
| 2. submissions regarding the status of the application and the petitioner's request to withdraw the petition to seek administrative remedy. (Para 3 , 4) |
| 3. grant of liberty to the petitioner to pursue the application and make a fresh representation based on parity. (Para 5 , 6 , 7) |
JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
(1) The petitioner had sought for transfer on the ground that his spouse was working as an Anganwadi worker in Rajasthan. The said request was rejected and, as a consequence, the petitioner approached the CAT, which has also confirmed the rejection.
(2) This Court, passed an order on 17.07.2025, directing the second respondent to forward the application dated 04.02.2021 to the appropriate authority at the Jaipur Division in North Western Railway.
(3) Learned counsel for the respondent submits that this application has indeed been forwarded pursuant to the order passed by this Court; but no reply as such is received.
(4) In view of this order, learned counsel for the petitioner seeks permission to withdraw the writ petition and request that the petitioner may be granted liberty to pursue the application that has been sent to Jaipur Division. She also prays that she may be permitted to give one more representation to the Railways, reiterating her request for transfer and highlighting the fact that the similar requests of other employees have been considered and granted.
(5) In the light of this submission, the writ petition is dismissed as withdrawn, reserving the liberty to the petitioner to pursue the application dated 04.02.2021, which has been forwarded to the Jaipur Division North Western Railway, pursuant to the interim order dated 17.07.2025.
(6) Liberty is also reserved to the petitioner to make a fresh representation to the respondents herein, reiterating his request for transfer by producing material to indicate that requests of similarly placed employees have been considered and positive orders have been passed.
(7) If a representation is given by the petitioner within a period of 4 weeks, the Railway shall consider the same within a period of 4 weeks thereafter. Needless to state that the representation so submitted shall be considered in accordance with law.
