HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1290/2022

Kamli Ram Meena S/o Shri Ratan Lal Meena, Aged About 50

Years, Resident Of Village Taranpur, Tehsil Malarna Doonger,

District Sawai Madhopur (Raj.).

----Petitioner

Versus

1.

Ajmer Vidyut Vitaran Nigam Limited, Through Its

Managing Director, Avvnl, Ajmer.

2.

The Secretary (Administration), Ajmer Vidyut Vitaran

Nigam Limited, Ajmer.

----Respondents

Connected With

S.B. Civil Writ Petition No. 11643/2021

Kamli Ram Meena S/o Shri Ratan Lal Meena, Aged About 50

Years, Village Taranpur, Tehsil Malarna Doonger, District Sawai

Madhopur (Raj.).

----Petitioner

Versus

1.

Ajmer Vidyut Vitaran Nigam Ltd., Through Its Managing

Director, Avvnl, Ajmer.

2.

The Secretary (Administration), Ajmer Vidyut Vitaran

Nigam Limited, Ajmer.

----Respondents

For Petitioner(s)

:

Mr. Vinit Dave

For Respondent(s)

:

Mr. Ravi Bhansali, Senior Advocate

assisted by Mr. Vipul Dharnia.

Mr. Rakesh Arora.

Mr. Deepesh Beniwal.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

21/02/2022

1.

In the wake of instant surge in COVID – 19 cases and spread

of its highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in the Court, for the safety

of all concerned.

2.

These writ petitions have been preferred claiming the

following reliefs:

(2 of 19)

[CW-1290/2022]

CWP No.

1290/2022

:

“i) by an appropriate writ, order or direction, the impugned

order dated 17.01.2022 (Annexure-11) may kindly be

declared illegal and be quashed with all consequential

directions;

ii) by an appropriate writ, order or direction, the impugned

order dated 17.01.2022 (Annexure-12) may kindly be

declared illegal and be quashed qua the petitioner with all

consequential directions;

iii) further, during the pendency of the present writ

petition, if any orders are passed by the respondents

effecting the rights of the petitioner involved in the present

petition, such order may kindly be taken on record and be

quashed.”

CWP No.11643/2021:

“i) by an appropriate writ, order or direction, the impugned

suspension order dated 14.08.2021 (Annexure-1) may

kindly be declared illegal and be quashed qua the

petitioner with all consequential directions;

ii) by an appropriate writ, order or direction, the

respondents may kindly be ordered to permit the petitioner

to continue to work on the post of Superintending Engineer

(O&M), Chittorgarh.”

3.

Learned counsel for the petitioner submits that the petitioner

has been unfairly and unjustly transferred from his post of

Executive Engineer (Vigilance), Ajmer Vidyut Vitaran Nigam

Limited (for short, ‘AVVNL’), Chittorgarh 6 times over a period of 5

years, since the year 2017. Learned counsel further submits that

the said frequent transfers are even ultra vires the transfer policy

as framed by the State respondents for the AVVNL employees.

4.

Learned counsel for the petitioner further submits that the

petitioner also managed to achieve revenue realization in the

Chittorgarh Circle with an efficiency of 100.19% during the

Financial Year 2020–21 and had received an appreciation letter

(3 of 19)

[CW-1290/2022]

therefor, on 25.05.2021 by the Managing Director of AVVNL and

was also issued a Commendation Certificate, for the same on

15.08.2021 by the District Administration for his exemplary work

during the COVID–19 pandemic.

5.

Learned counsel for the petitioner however, submits that the

petitioner being aggrieved by one of the transfer orders dated

14.08.2021, approached this Hon’ble Court, and that this Hon’ble

Court passed an interim order in the favour of the petitioner on

02.09.2021. Learned counsel also submits that circumventing the

said interim order of this Court, the State/respondents vide the

impugned order dated 17.01.2022 placed the petitioner under

‘Awaiting Posting Order’.

6.