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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Nakul Patidar S/o Shri Rajendra Patidar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioners seek transfer to tsp despite denials. (Para 1 , 2) |
| 2. arguments presented for and against the transfer entitlement. (Para 3 , 4 , 5) |
| 3. court observes the lack of postings as promised. (Para 6 , 7) |
| 4. court orders consideration of petitioners for transfer. (Para 8) |
| 5. writ petition disposed, directing transfer considerations. (Para 9 , 10) |
Order
Reportable 19/11/2025
1. The instant writ petition, instituted under Article 226 of the Constitution of India , has been preferred by the petitioners, assailing the action of the respondents in declining their transfer to the TSP area, notwithstanding the circular dated 10.11.2014 and the office order dated 30.08.2018.
2. Briefly stating the facts of the case are that the petitioners, who are permanent residents of the TSP area, have jointly approached this Court to assail the inaction of the respondents in considering their candidature for transfer to the TSP region, though the grievance arises out of a common cause of action and stems from a common order, thereby warranting a joint writ petition to obviate multiplicity of proceedings.
2.1 An advertisement dated 20.07.2013 was issued for recruitment to 1000 posts of
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 main legal point established in the judgment is the importance of fair and equal treatment in transfer and posting, as mandated by the Transfer Policy clauses 12, 15, and 16.1, to avoid prolonged....
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.
Transfers of officials must remain within designated Scheduled Areas to maintain cadre integrity and seniority.
The need for fair, objective, and transparent application of the Transfer Policy to avoid arbitrariness and discrimination in state action.
A permanent employee in a TSP area cannot claim TSP status or benefits without the appropriate certificate, adhering to the constitutional provisions and prevailing legal precedents.
The respondents cannot benefit from their mistake and deny appointment to the petitioner, and their actions were violative of Article 14 of the Constitution of India.
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