HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15786/2025 Manoj Sain S/o Jagdish Prasad Sain, Aged About 39 Years, Thakariyas, Tehsil Deedwana, District Deedwana -Kuchaman (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Social Justice And Empowerment Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Social Justice And Empowerment Department, Ambedkar Bhawan, G-3/1, Rajmahal Residency Area, Behind Rajmahal Palace, Jaipur, Rajasthan.

3. The Additional Director (Vigilance And Administration), Social Justice And Empowerment Department, Ambedkar Bhawan, G-3/1, Rajmahal Residency Area, Behind Rajmahal Palace, Jaipur, Rajasthan.

4. The District Probation Officer And Social Welfare Officer, Social Justice And Empowerment Department, Deedwana-

Kuchaman.

----Respondents For Petitioner(s) : Mr. Vikram Singh Bhawla For Respondent(s) : --

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

19/08/2025

1. Heard on the interim stay application.

2. Learned counsel for the petitioner submits that the petitioner was promoted to the promotional post vide the order of promotion dated 02.09.2024 and vide the order dated 15.01.2025, the petitioner was transferred to the promotional post and joined his services on 24.01.2025. After a period of five months from joining, the petitioner was again transferred by the transfer proceedings dated 05.08.2025.

3. The main grievance of the petitioner is that the transfer was effected during the prohibition period and such a transfer can only be done with the approval of the competent authority.

4. Learned counsel for the petitioner relied upon the original circular dated 04.01.2023, under which the prohibition was imposed, and such prohibition was reaffirmed by the subsequent circular dated 03.01.2024, which directed the various departments to effect transfers only with the permission of the competent authority.

5. In light of the said factual matrix, this Court is inclined to pass an interim order by staying the transfer order dated 05.08.2025, subject to the condition that if the transfer was effected without the permission of the competent authority as per the Rules and circulars during the prohibition period.

6. Further, such transfer shall be given effect to only if the transfer ban under the circular dated 04.01.2023 is lifted. If the above two conditions are not satisfied, the petitioner shall be allowed to retain the original post despite the relieving order; and if the post has already been filled, the respondent authority shall take steps to transfer such individually on any other location after following due procedure.

7. It is made clear that this order shall not come in the way of the respondent authority taking any decision regarding transfer if the prohibition is lifted in the future.

8. Admit.

9. Issue notice to the respondent, returnable within a period of four weeks.

10. Post the matter on 18.09.2025.

(MUNNURI LAXMAN),J

153s-PoonamS/-