Advocates:
['LOKESH MATHUR', '', 'SURESH KHADAV', 'SUNIL BENIWAL AAG', '', 'ANIKET TATER']

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[SAW-1044/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 1044/2022

Abhimanyu Choudhary S/o Shri Het Ram Choudhary, Aged About

39 Years, R/o Deengarh, Tehsil Sangaria, District Hanumangarh

(Raj.). At Present Block Development Officer, Panchayat Samiti

Nokha, District Bikaner.

----Appellant

Versus

1.

Majer Ali S/o Shri Sadyle Khan, Aged About 45 Years, R/o

Modawasi, Tehsil Rajgarh, District Churu (Raj.).

2.

Secretary, Department Of Rural Development And

Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3.

The Additional Commissioner Cum Deputy Secretary (Iii),

Rural Development, Government Of Rajasthan, Jaipur.

4.

The Chief Executive Officer, Zila Parishad Bikaner, District

Bikaner.

5.

The Vikas Adhikari, Panchayati Samiti, Nokha, District

Bikaner.

----Respondents

For Appellant(s)

:

Mr. R.N. Mathur, Sr. Advocate with

Mr. Lokesh Mathur

For Respondent(s)

:

Mr. Sunil Benilwal, AAG

Mr. Manoj Bhandari, Sr. Advocate with

Mr. Aniket Tater

Mr. Naveen Jain, Principal Secretary,

Department of Rural Development

and Panchayati Raj Department,

through VC

Mr. Ghanshaym Sharma, Dy.

Secretary, Panchayati Raj Department

through VC

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/12/2022

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[SAW-1044/2022]

The instant intra court appeal is laid before this Court in a

very peculiar set of facts and circumstances. The appellant herein

and the private respondent No.1 Majer Ali are both serving the

respondent Panchayati Raj Department as Vikas Adhikaris. On the

relevant date i.e., 15.06.2022, the respondent Majer Ali was

posted as Vikas Adhikari, Panchayat Samiti, Nokha. An order

dated 15.06.2022 came to be passed by the competent authority

whereby Shri Majer Ali was transferred to be posted as Vikas

Adhikari, Panchayat Samiti, Baran.

Simultaneously, an order

dated 15.06.2022 was passed whereby, the appellant herein was

transferred and posted as Vikas Adhikari, Nokha. The respondent

Majer Ali filed writ petition (No.9017/2022) for assailing the

transfer order dated 15.06.2022 primarily on the ground that it

was a case of unjustified frequent transfers and that the writ

petitioner had been transferred six times over a period of two

years.

The appellant Abhimanyu Choudhary who was transferred

and posted at Nokha in place of Shri Majer Ali was not imleaded as

a party respondent in the aforesaid writ petition. Thus, an

impleadment application was filed on his behalf which was

accepted and the appellant Abhimanyu Choudhary was impleaded

as a party respondent in the writ petition by order dated

12.07.2022. On the same day, being satisfied with the

submissions made on behalf of the writ petitioner Shri Majer Ali,

that he had been transferred over six times in a short span of two

years, the learned Single Bench, proceeded to stay the effect and

operation of the order dated 15.06.2022 qua Shri Majer Ali and at

the same time, it was directed that the position of respondent

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[SAW-1044/2022]

No.5 i.e., the appellant herein who had joined on the post shall

not be disturbed.

It may be stated here that by the time, the impugned order

came to be passed, the writ petitioner Majer Ali was relieved and

the appellant Abhimanyu Choudhary had already joined on the

post. As a consequence of the above interim order, a bizarre

situation developed inasmuch both appellant and Majer Ali held

charge of the same post i.e, Vikas Adhikari, Panchayat Samiti

Nokha. Thereupon, the appellant herein also filed writ petition

( No.12369/2022) claiming a direction upon the respondents to

allow him to exercise administrative and financial powers which

were withheld on account of Majer Ali’s joining back on the post.

Both the writ petitions (Nos.12369/2022 and 9017/2022)

were clubbed and the order dated 23.09.2022 came to be passed

by learned Single Bench