Devendra Singh vs State of Rajasthan and Others

Gopal Krishan Vyas

In this writ petition filed under Article 226 and 227 of the Constitution of India, the petitioner is challenging validity of transfer order dated 18.03.2011 passed by the respondents. While issuing notice to the respondents on 13.04.2011 the effect and operation of the order impugned dated 18.03.2011 was stayed and respondents were directed to allow the petitioner to work at the place where he was working prior to passing order dated 18.03.2011.

Learned counsel for the petitioner submits that order impugned dated 18.03.2011 and the order dated 01.04.2011 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur passed in appeal filed by the petitioner are not sustainable in law because there is no reason or administrative exigency to pass the order, therefore, both the orders may be quashed.

Learned counsel for the respondents submits that transfer is incident of service. No person can claim posting as a matter of right, therefore, this writ petition may be dismissed.

After considering entire aspect of the matter, I am of the opinion that transfer order was stayed by this Court on 13.04.2011 and the said stay order is in existence till today, meaning thereby, it has not been given effect, therefore, I deem it appropriate to quash the order dated 18.03.2011 with liberty to the respondents that if any administrative exigency arises in future, they will be at liberty to pass fresh order. Consequently, this writ petition is allowed. The order dated 18.03.2011 is hereby quashed. However, in the event of any administrative exigency in future, the respondents will be at liberty to pass fresh order.