Indefinitely placing a public servant under Awaiting Posting Orders without statutory basis violates service law principles and fairness in governance.

ORDER :

FARJAND ALI, J.

1. The petitioner has preferred the instant writ petition assailing the legality and propriety of the impugned order dated 02.06.2017 passed by the respondent-Department whereby the petitioner was kept under Awaiting Posting Order as well as the order dated 14.06.2017 passed by the learned Rajasthan Civil Services Appellate Tribunal, Jaipur, whereby his appeal was dismissed with costs. The petitioner prays for quashing of the said orders and seeks permission to continue his service at 8 SDS, Sardul Sahar, District Sri Ganganagar.

2. Succinctly stated, the petitioner is serving as Head Master at Government Secondary School, Basir, Tehsil Tibi, District Hanumangarh. While discharging his duties at the aforesaid post, the petitioner was transferred vide order dated 18.10.2016 from his then place of posting to 8 SDS, Sardul Sahar, District Sri Ganganagar. A copy of the said transfer order, wherein the petitioner’s name appears at Serial No. 37, is annexed as Annexure–1.

2.1. Aggrieved by the said transfer order, the petitioner preferred Appeal No. 3133/2016 before the learned Tribunal on multiple grounds, inter alia, challenging the denial of TA/DA benefits. A copy of the Memo of Appeal is annexed as Annexure–2. It is pertinent to note that the petitioner had categorically pleaded therein that he had never expressed any willingness or submitted any representation seeking transfer during the year 2016.

2.2. The learned Tribunal, upon consideration, issued notice to the respondents and granted an interim order in favour of the petitioner on 10.11.2016. A copy of the interim order is annexed as Annexure–3.

2.3. The respondent department filed its reply, candidly admitting that the petitioner had not made any request for transfer in 2016, and accordingly, TA/DA was sanctioned in his favour vide order dated 02.11.2016. A copy of the reply along with the said order is annexed collectively as Annexure–4.

2.4. The private respondent, Shri Krishan Lal Godara, also submitted his reply before the Tribunal, asserting that the petitioner had expressed willingness for a mutual transfer in the year 2015. A copy of his reply is annexed as Annexure–5.

2.5. During the pendency of the said appeal, the respondent department passed another order dated 02.06.2017 placing the petitioner under Awaiting Posting Orders on account of the upgradation of his school. A copy of this order is annexed as Annexure–6. Being aggrieved by the subsequent order dated 02.06.2017, the petitioner preferred a fresh appeal before the learned Tribunal, registered as Appeal No. 862/2017, on 05.06.2017, raising various grounds including the pendency of his earlier appeal. A copy of the said appeal memo is annexed as Annexure–7.

2.6. In view of the passing of the subsequent order, the petitioner withdrew his earlier Appeal No. 3133/2016 on 08.06.2017. A copy of the withdrawal order is annexed as Annexure–8. The learned Tribunal, after hearing the parties, dismissed Appeal No. 862/2017 vide order dated 14.06.2017, imposing a cost of Rs. 10,000/– upon the petitioner and directions were passed to recover the same from his salary.

2.7. Being aggrieved by the order dated 02.06.2017 and 14.06.2017, the petitioner preferred the instant Writ Petition.

3. Learned counsel for the petitioner vehemently argued that the impugned action of the respondents is arbitrary, unreasonable, and violative of Article 14 of the Constitution of India, thereby rendering the transfer order and the subsequent order of the learned Tribunal unsustainable in law. It was submitted that the petitioner had never expressed any willingness or made any request for transfer during the year 2016, which fact stood u