Allowed

Satyanarayan Tailor v. State of Rajasthan

Rajasthan HC6 Feb 2024CW/616/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a common writ petition. Petitioners challenged transfer and APO orders. Relying on an administrative circular by the Chief Secretary banning transfers until further orders, the Court made the interim stay on transfer orders absolute and granted liberty for fresh orders once the ban is lifted.

What did the court decide?

The interim protection stayed on transfer orders was made absolute. Liberty granted to departments to pass fresh orders upon lifting of the transfer ban.

Satyanarayan Tailor Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:6022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 417/2024

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Geeta W/o Nirmal Jain, Aged About 42 Years, R/o Ward No. 31 (New), Opposite Rathi Petrol Pump, Suratgarh, District Sriganganagar (Raj.).

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Director, Senior Secondary Education, Rajasthan, Bikaner.

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District Education Officer (Head Quarter), Secondary, Sriganganagar (Raj.).

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Chief Block Education Officer, Block Suratgarh.

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Smt. Mohini Puri, Principal, Rajasthan Girls Senior Secondary School, Suratgarh.

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----Respondents

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Alongwith Similar Connected Matters

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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,

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18332/2023, 19115/2023, 515/2024, 854/2024, 334/2024, 616/2024, 797/2024, 1203/2024, 1208/2024, 1210/2024.

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For Petitioners : Mr. G.R. Goyal, Mr. Rohit Kaswan, Mr. Abhishek Pareek, Mr. Manoj Bohra, Mr. RS Choudhary, Mr. Ripudaman Singh, Mr.

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(2of 4) [CW-417/2024]

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[2024:RJ-JD:6022]

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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.

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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.

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HON'BLE MR. JUSTICE ARUN MONGA Order (Oral)

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06/02/2024

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Vide instant common order, above numbered bunch of writ petitions is being disposed of, as the same issue is involved therein.

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Grievance of the petitioners stems out of impugned administrative orders, passed/appended in respective writ petitions filed by them in individual capacity, whereby, they were transferred from their current place of posting to a new place. Some of them were relieved of the current charge and placed in the category of awaiting posting orders (APO).

[2024:RJ-JD:6022]

[CW-417/2024]

(3of 4)

During pendency of the writ proceedings this court granted indulgence and, by way of interim protection, operation of the transfer/APO orders was stayed in each of the petitions in the bunch matter.

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In fact a similar matter (SBCWP No.635/2024) was earlier heard by me, wherein too, petitioner therein had placed reliance on an administrative circular issued by the Chief Secretary of the State addressed to all the Head of Departments / Collectorates / Directorates in the State, conveying specifically that there is a policy decision to ban the transfers until further orders. Therefore, in view thereof, all the administrative secretaries/competent authorities/HODs were instructed/directed that no transfers are to be carried out by them during the ban.

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In the aforesaid premise, an order dated 12.01.2024 was passed by me, which, being apposite, is reproduced herein below:

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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.

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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.

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3. However, in gross insubordination thereof, the head of departments continue to pass transfer orders, compelling the employees to seek recourse to litigation.

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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.

(4of 4)

[2024:RJ-JD:6022]

[CW-417/2024]

6. Returnable on 06.02.2024.

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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.

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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.”

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Apropos, on resumed hearing today, learned counsel representing the Chief Secretary and other official respondents, on a court query, apprises that there is indeed a transfer ban operating also conveyed to all concerned by Chief Secretary of the State vide his administrative circular dated 04.01.2023.

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He also apprises that the Chief Secretary could not join the proceedings personally through video conferencing, since he is busy with the Budge Session of the Legislative Assembly, which is currently going on. Personal presence of the Chief Secretary through video conferencing is thus exempted.

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Adverting to the case in hand, in view of the aforesaid ban, the interim protection granted by this Court in each of the petitions in the above bunch, is made absolute. Liberty is however granted to the respective Departments to pass fresh administrative orders, whenever the transfer ban is lifted and/or the aforesaid circular is modified/withdrawn, as the case may be.

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A photocopy of this order be placed in the each of the files in the above bunch of writ petitions.

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Disposed of accordingly. Pending applications, if any, also stand disposed.

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(ARUN MONGA),J

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Sumit/490, & others

Satyanarayan Tailor v. State of Rajasthan

Case brief

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Satyanarayan Tailor v. State of Rajasthan

Case brief

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