HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 14640/2021

Murlidhar Choudhary S/o late Shri Shyam Kishore Choudhary,

aged about 59 Years, Resident of 1 J-39, Housing Board Colony,

Banswara (Rajasthan).

----Petitioner

Versus

1.

Ajmer Vidyut Vitran Nigam Ltd., Vidyut Bhawan,

Panchsheel Nagar, Makadwali Road, Ajmer (Rajasthan).

through its Managing Director.

2.

The Secretary (Administration), Ajmer Vidyut Vitran

Nigam Limited, Vidyut Bhawan, Panchsheel Nagar,

Makadwali Road, Ajmer (Rajasthan).

3.

Shri Jalaj Raj Gupta, Assistant Engineer, Presently Posted

Against Post of Executive Engineer (CV), Ajmer Vidyut

Vitran Nigam Limited, Dungarpur (Rajasthan).

----Respondents

For Petitioner(s)

:

Mr. Chandra Shekhar Kotwani.

For Respondent(s)

:

Mr. Deepesh Singh Beniwal, R- 1 & 2.

Mr. Pankaj Mehta, R-3.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

17/11/2021

This writ petition has been filed by the petitioner aggrieved

against the order dated 30.09.2021 (Annex.2) whereby the

petitioner, an Executive Engineer, was transferred from Banswara

to Dungarpur.

The petition has been filed inter alia on three grounds; that

the petitioner is due to retire on 31.01.2023 and, therefore, in

view of judgment in the case of Pushpa Mehta vs. Rajasthan

(2 of 4)

[CW-14640/2021]

Civil Services Appellate Tribunal & Ors. : 2000 (1) RLW (Raj.)

233, the petitioner should not be transferred; the order is contrary

to the Policy of the Corporation, where a person should not

normally be transferred within two years of his posting; and that

the respondents have passed the order only with a view to

accommodate the respondent No.3, who though is Assistant

Engineer, has been posted in his place.

Reply to the writ petition has been filed on behalf of

respondent No.3 alongwith an application under Article 226 (3) of

the Constitution of India, wherein the respondent No.3 has

indicated that by order dated 12.10.2021 (Annex.R/1), which in

essence superseded/cancelled the order dated 30.09.2021, the

petitioner has been directed to work as Executive Engineer

(Revenue Recovery), Banswara under the control of S.E.

(Operation & Maintenance), AVVNL, Banswara with immediate

effect till further orders, and as such the petition challenging the

order dated 30.09.2021 has been rendered infructuous.

Submissions have been made on behalf of Ajmer Vidyut

Vitran Nigam Ltd. (‘AVVNL’) also by producing the copy of order

dated 12.10.2021 that as the petitioner has been kept at

Banswara, the petition has been rendered infructuous.

The petitioner has filed an application under Article 226 of

the Constitution of India seeking amendment in the writ petition

so as to question the validity of the order dated 12.10.2021 as

well. It is inter alia indicated that the said order does not cancel

the order dated 30.09.2021 and as such the order dated

12.10.2021 cannot render the writ petition filed by the petitioner

as infructuous.

(3 of 4)

[CW-14640/2021]

Learned counsel for the petitioner made submissions that the

respondents only with a view to frustrate the present petition filed

by the petitioner have passed the order dated 12.10.2021 and the

order does not override the order dated 30.09.2021 and therefore,

the plea made that the petition has been rendered infructuous, as

the petitioner continues to remain posted at Banswara, has no

substance. Further submissions have been made that posting of

the respondent No.3 an Assistant Engineer in place of the

petitioner, a post to be held by Executive Engineer, itself vitiate

the orders dated 30.09.2021 and 12.10.2021 and therefore, the

same deserve to be quashed and set aside.

Learned counsel appearing for AVVNL made submissions that

the apprehension of the petitioner regarding the nature of the

order dated 12.10.2021 is misplaced. Learned counsel after

seeking sp