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2021 Supreme(Raj) 1196

SANJEEV PRAKASH SHARMA
Ajeet Kumar Meena – Appellant
Versus
State of Rajasthan, Through Joint Secretary, Revenue Group-I – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mahendra Kumar Joshi
For the Respondents: Mr. Bhupender Pareek

JUDGMENT :

SANJEEV PRAKASH SHARMA, J.

The petitioner has assailed the order of transfer dated 27.12.2020 whereby the petitioner was transferred from Jaipur to District Collectorate, Dausa.

2. Learned counsel submits that the order was in violation of the Rajasthan Travelling Allowance Rules as it does not mention that the transfer is on account of administrative exigencies which is necessary before passing of the order. Learned counsel further submits that no TA/DA was authorized under the order dated 27.12.2020 and therefore, the order was illegal and unjustified.

3. Learned counsel for the petitioner submits that a stay order was passed by the Tribunal staying the operation of order dated 27.12.2020, however, later on as the respondent/s have issued an order releasing TA/DA, the Tribunal has proceeded to dismiss the appeal. Aggrieved of order dated 09.04.2021, the petitioner has preferred this writ petition.

4. Learned counsel for the petitioner submits that the Tribunal cannot act in a manner to support the Government by directing the Government to fill up the low post as held by this Court in SBCWP No. 20517/2019: Nihal Singh v. Director, Secondary Education decided on 15.12.2020.

5.

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