Transfers of officials must remain within designated Scheduled Areas to maintain cadre integrity and seniority.

Order :

1. The petitioner is before this Court, seeking issuance of a writ in the nature of certiorari and/or otherwise pass any appropriate order quashing an order dated 15.01.2025 (Annex.2) vide which he has been transferred from Panchayat Samiti Galiyla Kot, Dungarpur (Tribal Sub-Plan Area, TSP) to Udaipur (Non-Tribal Sub- Plan Area, Non-TSP) area, contending that there is a blatant violation of Rule 31 of the Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service (Recruitment and other Service Conditions), Rules, 2014.

2. At the very outset, Rule 31 of the Rules, ibid, is reproduced hereinbelow:-

"31. Appointment to the service.-

Appointment to post(s) in the Service by direct recruitment or by promotion, as the case may be, shall be made by the Appointing Authority on occurrence of substantive vacancies from the candidates selected under rule 25 in order of merit and by promotion from the persons selected under rule 29 of these rules. The persons so appointed shall be transferable from one place to the other within the Scheduled Areas irrespective of the place of appointment taking the entire Scheduled Area as a Unit i.e. the entire Scheduled Area shall be the closed cadre. When a person so appointed cannot be transferred out side this closed cadre in any capacity which also includes deputation & reverse deputation."

3. A perusal of the above Rule leaves no manner of doubt that an official no doubt can be transferred from one place to the other but the same has to be within the Scheduled Area assigned to him as the entire scheduled area unit is to be taken as a single unit and treated as a close cadre.

4. In the instant case, transfer of the petitioner from TSP Area to Non-TSP Area shall necessarily result in change of his cadre and adversely affect his seniority.

5. Accordingly, the respondents are directed that upon the petitioner approaching them within 7 days with the proof of his belonging to a particular scheduled area, in case it is so found that he has indeed been transferred outside his scheduled area, they shall then pass fresh remedial orders within a period of 30 days thereafter.

6. Till then, the effect and operation of the impugned order (Annex.2), shall remain stayed.

7. All pending application (s), if any, shall also stand disposed of.