Order (Oral)

18/03/2025

1. Grievance of the petitioner stems from an impugned order dated 19.04.2023 (Annex.-6), vide which he was made APO and transferred from Gram Panchayat, Panchota to Panchayat Samiti Head Quarter

2. During the pendency of writ proceedings, a co-ordinate bench of this Court passed an interim order dated 27.04.2023 staying the implementation of the impugned order. Same being apposite is reproduced hereinbelow:-

“It is submitted by learned counsel for the petitioner that by order dated 19.04.2023 (Annex.6) by indicating that for unavoidable reasons, the petitioner has been placed APO, which action of the respondents is contrary to the provisions of instructions issued under Rule 25A of the Rajasthan Service Rules, 1951.

In view of the submissions made, issue notice. Issue notice of the stay application also, returnable within a period of four weeks.

Notices when issued be given ‘dasti’ to learned counsel for the petitioner.

In the meanwhile and till further orders, effect & operation of the order dated 19.04.2023 (Annex.6) shall remain stayed.

3. Aforesaid stay order continues to subsist in favour of the petitioner till date.

4. Transfers are a standard and integral aspect of government employment conditions. Employees do not possess an inherent right to demand continuation of their service at a specific location. 5. This Court ordinarily refrains from intervening in transfer matters, acknowledging administrative needs for employees to fulfill their duties at assigned locations.

6. In the instant case, given the duration of the interim protection granted by this Court, its utility appears to have waned over time.

7. Be that as it may, the interim order is made absolute, but with liberty to the respondents to pass fresh orders in future, if necessary due to administrative exigency.

8. Learned counsel appearing for the respondents submits that passing of the fresh order would require a prior sanction from the competent authority in view of the ban imposed on transfers by the Government vide Chief Secretary's order dated 04.01.2023, which was subsequently clarified vide an administrative circular/order dated 03.01.2024.

9. In the premise, in order to obviate any procedural or administrative hurdle, it is made clear that since the liberty has been granted by way of issuance of writ of this Court, in the nature of mandamus, thus fresh decision, if warranted, qua the petitioner shall be construed to be in continuation of his earlier transfer order impugned herein. No further prior sanction would be required in terms of the order dated 04.01.2023 ibid.

10. However, in the parting, it is made clear that granting liberty to pass fresh order is not to be construed as a direction of this Court to necessarily do the same even if there is no such requirement otherwise.

11. Disposed of as above.

12. Pending applications, if any, also stand disposed of.

(ARUN MONGA),J

31-AK Chouhan/-