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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
VIRENDRA SINGH CHOUHAN – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
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 clo
Transfers of officials must remain within designated Scheduled Areas to maintain cadre integrity and seniority.
The court emphasized that candidates have a legitimate expectation for postings in accordance with recruitment promises, reinforcing equal treatment and addressing arbitrary administrative actions un....
Candidates from Scheduled Areas must be appointed and posted according to their selection for Scheduled Area vacancies, respecting their rights under the applicable rules.
The court emphasized that compliance with transfer rules is mandatory, allowing ex-post facto consent to validate transfer orders while highlighting the need for humane considerations in administrati....
Transfers of employees must comply with statutory provisions, including obtaining necessary consents, to ensure legality and fairness.
The central legal point established is the requirement for fair and transparent application of Transfer Policy clauses to avoid arbitrariness and discrimination in employee transfers.
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