Recently, the division bench comprising Justice Arun Bhansali and Justice Ashutosh Kumar of the Rajashtan High Court stayed the transfer order that was passed to displace an employee in order to accommodate another employee who had remained posted in Jaipur District for 25 years.

The appellant's counsel argues that, according to the order issued on August 28, 2022, respondent No.5 was initially transferred from Jaipur to Alwar. Surprisingly, within a span of less than a month, on September 24, 2022, she was subsequently reassigned to the petitioner's position, resulting in the petitioner being transferred out in her stead. This sequence of events is deemed a clear instance of accommodation.

Further, during an argument, it was highlighted that respondent No. 5 had not been relocated from Jaipur District for a continuous period of 25 years.

The Court noted that the petitioner's scheduled retirement is set for December 31, 2024. It has been argued that despite the petitioner raising several pertinent issues, the Tribunal failed to address them conclusively. 

''Further submissions have been made that the Tribunal though noticed all the issues raised by the petitioner, did not determine the same and learned Single Judge also, only based on observations made in Union of India Vs. Deepak Niranjan Nath Pandit: (2020) 3 SCC 404, dismissed the petition though it is well settled that proceedings only for the purpose of accommodating another employee that also, who has remained posted within District Jaipur for over 25 years, is not justified.''

''In view of the submissions made, issue notice. Issue noticeof the stay application also, returnable on 12.02.2024.'' , the Court directs.

Case Title: XYZ vs. State of Rajasthan and Others.

D.B. Special Appeal Writ No. 1015/2023

Mr. Sunil Samdaria is representing the appellant(s) in the case.