[2026:RJ-JD:7428]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17776/2025 Harendra Singh Chouhan S/o Shri Ganpat Singh, Aged About 59 Years, R/o Kaptan Ji Ka Farm, Janana Hospital Road, Village Lohagal, District Ajmer.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Registrar, Board Of Revenue, Ajmer.

3. The District Collector, Pali.

4. Shri Fateh Singh, Tehsildar Beda, District Pali.

----Respondents For Petitioner(s) : Ms. Ayushi Solanki.

For Respondent(s) : Mr. Siddharth Pandey for Mr. S.R. Paliwal, G.C.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/02/2026

1. The present writ petition has been filed with the following prayers:-

“i) By an appropriate writ, order or directions, orders dtd. 26.08.2025 (Annex.03) to the extent it has granted liberty to the Department to transfer the petitioner within district may kindly be declared illegal and be quashed and set aside.

ii) Any other appropriate order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.”

2. Brief facts of the case, as stated in the writ petition are that the petitioner is working as a Tehsildar and is due to retire on 31.05.2026. Vide order dated 06.08.2025, he was transferred from Desuri to Sawai Madhopur despite being at the verge of retirement. The said transfer order also incorrectly mentioned the petitioner’s name. The petitioner initially approached this Court, which permitted him to withdraw the writ petition with liberty to approach the Tribunal. The Tribunal, vide order dated 26.08.2025, set aside the transfer order but granted liberty to the department to transfer the petitioner within the district. Aggrieved only by the liberty so granted, the petitioner has approached this Court contending that no transfer could be made at the verge of retirement.

3. Learned counsel for the petitioner submits that the learned Tribunal while quashing the impugned orders dated 06.08.2025 & 08.08.2025, by which the petitioner was transferred out of the district has granted liberty to the respondents to transfer the petitioner within the district in accordance with law.

4. Learned counsel for the petitioner further submits that the petitioner is due to retire on 31.05.2026, thus, in view of the judgment passed in the case of Dr. Pushpa Mehta Vs. Rajasthan Civil Services Appellate Tribunal & Ors.: RLW 2000 (1) Raj. 233, the respondents cannot transfer the petitioner.

5. Learned counsel for the respondents submits that the order dated 26.08.2025 has been rightly passed by the learned Tribunal while granting liberty to the respondents to transfer the petitioner within the district and no indulgence is required in the instant matter.

6. Heard learned counsel for the parties and have perused the material available on record.

7. Taking into consideration the fact that the petitioner is due to retire on 31.05.2026, this Court is of the view that the direction given by the learned Tribunal in the order dated 26.08.2025 while granting liberty to the respondent – Department to transfer the petitioner within the district was not required and thus the said order dated 26.08.2025 is quashed and set aside qua the liberty granted to the respondents to transfer the petitioner within the district.

8. The writ petition is allowed. Stay application as well as any other pending application, if any, also stand disposed of.

(DR. NUPUR BHATI),J

60-pradeep/-