Common disposal of a large bunch of writ petitions by government employees challenging transfer and awaiting-posting orders issued contrary to a State-wide transfer ban circular. Interim stay on the impugned orders was made absolute, with liberty to Departments to issue fresh orders once the ban is lifted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 417/2024
Geeta W/o Nirmal Jain, Aged About 42 Years, R/o Ward No. 31 (New), Opposite Rathi Petrol Pump, Suratgarh, District Sriganganagar (Raj.).
----Petitioner
Versus
----Respondents
Alongwith Similar Connected Matters
S.B. Civil Writ Petition Nos.1172/2023, 1695/2023, 1798/2023, 1853/2023, 2527/2023, 2755/2023, 16770/2023, 229/2023, 352/2023, 965/2023, 968/2023, 1107/2023, 1114/2023, 1121/2023, 1136/2023, 1152/2023, 1166/2023, 1170/2023, 1200/2023, 1207/2023, 1222/2023, 1226/2023, 1241/2023, 1261/2023, 1265/2023, 1271/2023, 1316/2023, 1334/2023, 1354/2023, 1369/2023, 1390/2023, 1403/2023, 1414/2023, 1581/2023, 1806/2023, 1812/2023, 1887//2023, 1877/2023, 2016/2023, 2111/2023, 2167/2023, 2123/2023, 2282/2023, 2400/2023, 2384/2023, 2393/2023, 2396/2023, 2504/2023, 2819/2023, 2950/2023, 3160/2023, 5386/2023, 7277/2023, 7664/2023, 9151/2023, 9830/2023, 10317/2023, 10362/2023, 11370/2023, 11970/2023, 14307/2023, 16192/2023, 16344/2023, 16419/2023, 16429/2023, 18327/2023,
18332/2023, 19115/2023, 515/2024, 854/2024, 334/2024, 616/2024, 797/2024, 1203/2024, 1208/2024, 1210/2024.
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Manas Khatri, Mr. Sanjeet Purohit, Mr. Sushil Solanki, Mr. Sandeep Kalwaniya, Mr. Vikas Bijarnia, Mr. Kailash Jangid, Mr. JS Bhaleria, Mr. HS Sidhu, Mr. Suniel Purohit, Mr. Govind Lal, Mr. Jamwant Gujjar, Mr. Pramendra Bohra, Mr. Khet Singh Rajpurohit, Mr. Rahul Soni, Mr. Manish Patel, Mr. Harish Purohit, Mr. CS Kotwani, Mr. Pawan Singh Rathore, Mr. Rohit Mutha, Mr. Ramesh Kumar, Mr. CR Choudhary, Mr. Lokesh Mathur, Mr. Y.P. Khileree, Mr. Rajendra Singh, Mr. Ritu Raj Singh Rathore, Mr. Rajendra Saraswat, Mr. Om Prakash, Mr. VS Bhawla and Mr. Ankkur Mathur, Mr. DS Pidiyar.
For Respondents : Mr. K.S. Rajpurohit, AAG. Mr. A.K. Gaur, AAG. Mr. Hemant Choudhary, G.C. Mr. Sarwan Kumar, AGC. Mr. Manish Tak, Dy. G.C. Mr. Pradhuman Singh. Mr. Mrigraj Singh Rathore. Mr. R.C. Joshi. Mr. Girish Sankhla. Mr. Tanwar Singh.
HON'BLE MR. JUSTICE ARUN MONGA Order (Oral)
06/02/2024
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[CW-417/2024]
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“1. Every day this Court is inundated with writ petitions by aggrieved employees of the State seeking stay on their transfer orders, contending that there is an absolute ban imposed on the transfers by the Chief Secretary of State vide an administrative circular dated 04.01.2023. Today also, two such petitions are listed for hearing before this Bench of the Court.
2. Recently, even the successor Chief Secretary of the State once again reaffirmed the aforesaid orders passed by his predecessor by passing his own fresh administrative order dated 03.01.2024, stating that the ban on transfers continues to operate.
3. However, in gross insubordination thereof, the head of departments continue to pass transfer orders, compelling the employees to seek recourse to litigation.
4. In the premise, the Chief Secretary of the State is impleaded as a party (Respondent No. 5) in S.B. Civil Writ petition No. 417/2024. He is requested to join the proceedings on the next date of hearing through video conferencing (VC) so as to explain as to what steps are being taken to implement his aforesaid circulars, and as to why action should not be taken against the erring officials for violating his clear administrative instructions.
5. Notice.
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[CW-417/2024]
6. Returnable on 06.02.2024.
7. In the meanwhile, petitioners shall not be relieved from their current posting and the impugned orders shall be kept in abeyance till the next date of hearing.
8. Registry is directed to take steps to identify all transfer matters related to roaster of this Bench and fix them for hearing on the same date i.e. 06.02.2024.”
(ARUN MONGA),J
Sumit/490, & others
2 issues framed by the court
Whether transfer/APO orders passed despite the State's transfer ban should be stayed and interim protection made absolute.
Whether the Chief Secretary must personally appear to explain enforcement of his transfer-ban circulars.
Geeta W/o Nirmal Jain
The State Of Rajasthan, Through The Director, Senior Secondary Education, Rajasthan, Bikaner
District Education Officer (Head Quarter), Secondary, Sriganganagar
Chief Block Education Officer, Block Suratgarh
Smt. Mohini Puri, Principal, Rajasthan Girls Senior Secondary School, Suratgarh
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
