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2022 DIGILAW 1306 (RAJ)

Hansa Meena v. State Of Rajasthan

2022-04-26

INDERJEET SINGH

body2022
JUDGMENT 1. Instant writ petition has been filed by the petitioner with the following prayers:- "It is, therefore, most humbly prayed that the present writ petition may kindly be allowed and:- 1. By way of a writ, order or direction in the nature thereof most respectfully prayed that it may kindly hold that the administrative officers working under Rajasthan Municipality Services are alone entitled to be appointed obn the post Deputy Commissioner as per order dated 23.06.2020 of the State Government and that includes all administrative officers holding the post of Executive Officers -II or promoted as EO-II in the Rajasthan Municipal Administrative Services various Municipalities of the State. 2. By way of a writ, order or direction in the nature thereof, the order dated 02.03.2022 as also order dated 11.03.2022 issued by the respondents ANNEXURE 10 AND ANNEXURE-23 or nay other order passed in continuation thereof transferring the petitioner passed during pendency of the present writ petition may kindly be quashed and set aside. 3. By way of a writ, order or direction in the nature thereof, this hon'ble court may further be plead to hold that the petitioner is entitled to be appointed on the post of Deputy Commissioner being an administrative officer and cannot be reverted to any lower post in technical cadre (revenue officer or other) in the garb of any transfer. 4. By way of a writ, order or direction in the nature thereof condemn the conduct of respondents in misusing their administrative powers to frustrate the judicial order dated 28.02.2022 of the learned RAT and issue necessary censure against them by warning not to repeat such acts in future. 5. By way of a writ, order or direction in the nature thereof it is most respectfully prayed that respondent state be also directed to take appropriate action against the respondent no. 4 and frame guidelines for the administrative officers stating the manner in which the interim orders passed by learned RAT in the matter of Transfer postings are to be dealt with along with specific direction that no administrative office can take such action/pass such orders effect of which would results into frustration of an appeal of an employee before RAT and render him remediless during its pendency before the RAT in the matter of Transfer postings. 6. 6. Any other relief which this Hon'ble court may kindly deem just and expedient in the interest of justice may also be kindly passed in favour of the petitioners. 7. Award cost of the litigation to the petitioners." 2. On 15.03.2022 while issuing notice to the respondents, this Court passed the following order:- "Heard learned senior counsel for the petitioner. Issue notice to the respondent(s), returnable within six weeks. Meanwhile, operation of the orders dated 02.03.2022 (Annexure-10) & 11.03.2022 (Annexure-23) and relieving order dated 11.03.2022 (Annexure-PA/1) passed by the respondents shall remain stayed." 3. Admittedly, the petitioner was promoted on the post of Executive Officer-II by the respondents vide order dated 06.10.2021 and the respondents have transferred the petitioner from Nagar Nigam Jaipur Heritage to Nagar Parishad, Dausa on the post of Secretary. 4. The grievance of the petitioner is that the respondents has transferred the petitioner in an arbitrary and mala fide manner on the post which is not according to her cadre. 5. Learned Additional Advocate General submits that due to administrative exigency, they have posted the petitioner on the post of Secretary Nagar Parishad Dausa, which is an equivalent post. 6. Heard counsel for the parties and perused the record. 7. As per the promotion order dated 06.10.2021, admittedly, the petitioner was promoted on the post of Executive Officer-II, therefore, in my considered view, the respondents cannot transfer and post the petitioner on the post of Secretary. 8. Hence, the present writ petition is allowed. The order dated 11.03.2022 passed by the respondents is set-aside. 9. However, the respondents are at liberty to transfer the petitioner on the post of Executive Officer-II in view of the promotion order, as she was promoted on the said post vide order dated 06.10.2021. Interim order dated 15.03.2022 passed by this Court shall continue till passing of any further order by the respondents.