Order (Oral)

17/02/2025

1. Vide instant common order, the entire bunch of petitions is being disposed of as common controversy is involved therein.

2. Petitioners in the bunch of petitions, working in different municipalities in the State of Rajasthan, are assailing the respective orders vide which their services have been put in a category, what is called ‘Awaiting Posting Orders’ (APO). The individual facts of the cases are thus not relevant for adjudication of the controversy herein, as this Court is to judge upon the legality, as well as, the alleged administrative impropriety of the impugned orders (APO) passed by the respondents.

3. Common grievance of the petitioners being, that by virtue of respective impugned transfer orders of APO, as a bolt from blue, work has been withdrawn from them without assigning/conveying any reasons or if/where conveyed, the same are not tenable. Apart therefrom, under the garb of making them APO, they are being put to humiliation at their work place.

4. The aforesaid controversy has already been decided in another Bunch of petitions titled as Ganraj Bishnoi Vs. State of Rajasthan & Ors., decided on 17.02.2025, wherein, the lead case is S.B. Civil Writ Petition No.15366/2024, the only difference being that the petitioners therein were officials in the various departments of the Government, whereas, petitioners herein are officials serving in various municipalities and are governed by The Rajasthan Municipal Service Rules, 1963. However, like in the case of officials / staff serving in the departments of the State of Rajasthan, even the officials of municipality are also governed by Rajasthan Service Rules, 1951 as well as Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, and both the Rules apply Mutatis Mutandis on both set of staff / officials serving, be it in service of State Government or Municipality.

5. Reference may be had to Rule 36 of The Rajasthan Municipal Service Rules, 1963, whereby, Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, have been made applicable. The same are reproduced hereinbelow:

“The Rajasthan Municipal Service Rules, 1963

36. Regulations of pay, allowances, leave, pension, gratuity, provident fund, discipline etc. - Subject to the provisions of subsection (4) of Section 307 and except as provided in these rules the pay, allowances, pension; leave and other conditions of service of the members of the service shall be regulated by rules made under section 297 of the Act and pending the issue of such rules, by the following rules:

[(1) The Rajasthan Service Rules, 1951 (Except provisions relating to pension) as amended from time to time.

(1-A) A member of the Service may after giving at least three month's previous notice in writing to the State Government retire from the service on the date on which he completes 20 years of qualifying service or the date on which he attains the age of 50 years whichever is earlier, or any date thereafter to be specified in the notice.

(1-B) The State Government may after giving three month's previous notice in writing or by payment of three month's pay and allowance in lieu of such notice require a member of the service to retire from the service on the date on which he completes 20 years of qualifying service or the date on which he attains the age of 50 years, whichever is earlier, or any date thereafter.

(2) Rajasthan Travelling Allowance Rules as amended up-to-

date and (3) Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 as amended from time to time mutatis mutandis; provided that the disciplinary authority for the purpose of rule 15 of the said in case of the number of the service to inflict upon him minor penalties provided in rule 14 read with rule 17 thereof shall also be the [Deputy Director (Regional)] of Local Bodies having jurisdiction subject to a right of an appeal to the Director, and (3-A) Rajasthan Civil Services (Conduct) Rules, 1971 as amended from ti