Dismissed

Anshuman Bhatt Son of Shri Ramkishan Bhatt v. the State of Rajasthan

Rajasthan HC21 Oct 2020CW/10613/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a writ petition challenging the petitioner's posting on working arrangement basis to a different post within the same district, holding that such intra-district postings are valid administrative functions and do not constitute transfer.

What did the court decide?

The writ petition declaring the posting as harassment and transfer is dismissed.

Anshuman Bhatt Son of Shri Ramkishan Bhatt Vs the… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10613/2020

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Anshuman Bhatt Son Of Shri Ramkishan Bhatt, Aged About 30 Years, Resident Of Rawla Chouk, Sanganer, Bhilwara Rajasthan311001.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Personnel, Government Of Rajasthan, Government Secretariat, Jaipur.

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Ajmer Vidyut Vitran Nigam Limited, Through Its Chairman-Cum-Managing Director, Hathi Bhata Power House, Jaipur Road, Ajmer.

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Secretary (Admn.), Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Panchsheel, Makadwali Road, Ajmer305004.

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----Respondents

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For Petitioner(s) : Mr. M.S. Raghav For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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21/10/2020

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The petitioner, by way of this writ petition, challenges the posting of the petitioner on working arrangement basis whereby he has been transferred from AAO (O&M), Bhilwara to AAO (IAP), Headquarter Bhilwara vide order dated 04.09.2020.

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Learned counsel for the petitioner submits that the said transfer order mentions of posting by working arrangement basis on the administrative ground whereas it is the case of the frequent transfer. The petitioner after having been promoted on the post of AAO-I on 01.08.2019, has been transferred several times from the

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(2 of 2)

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[CW-10613/2020]

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office of AAO-I (O&M), Bhilwara to AAO (IAP)HQ, Bhilwara and then again from AAO (IAP) Headquarters, Bhilwara to the post of AAO (O&M), Bhilwara and now again has been transferred to the post of AAO (IAP) Headquarters, Bhilwara within a short span from 13.01.2019 to 04.09.2020 and it is a case of harassment and the petitioner is not being allowed to perform his duties at one single place.

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I have considered the submissions.

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This Court notices that the petitioner has been posted in the same office at Bhilwara of Ajmer Vidhyut Vitran Nigam Ltd. on different posts i.e. AAO (O&M) to the post of AAO (IAP). The posting from one place of work to another place of work in the same district, namely, Bhilwara, cannot be objected as a transfer. The authorities have a right of posting the Officers of Class-I Rank to be posted at different places of posting in the same district. Such posting do not come within the ambit of transfer. Moreover, it appears that the work on different posts, namely, AAO (O&M) and AAO (IAP) requires services of the petitioner and on that count also, it is apparent that the posting is on account of administrative exigencies. No malafides can be inferred from such posting.

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The writ petition is found to be devoid of merit and the same is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV /670/25

Anshuman Bhatt Son of Shri Ramkishan Bhatt v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anshuman Bhatt Son of Shri Ramkishan Bhatt v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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