SANJAY PANDE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant writ petition filed by petitioner under Article 227 of the Constitution of India, challenge has been made to the order dtd. 21/1/2022 in appeal No.4746/2021 by the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter "the Tribunal"), dismissing the appeal filed by petitioner and affirmed the impugned transfer order dtd. 29/9/2021 whereby petitioner has been transferred outside of his cadre i.e. from the post of Additional Director (Development), Tourism Department, Government of Rajasthan, Jaipur to the post of Additional Director, Tourist Reception Center, Delhi.

(2.) Petitioner states that in the cadre of Rajasthan State Tourism Service, there is only one single post of the rank of Additional Director (Development), Tourism Department, Government of Rajasthan, Jaipur and since petitioner belongs to this cadre, he was posted on this post in the year 2016-17. Petitioner states that later on, in order to harass him he was placed under APO vide order dtd. 18/11/2020 by the Joint Secretary, Tourism Department, Government of Rajasthan, Jaipur. This order of APO was arbitrary, against the law and malicious, therefore, petitioner had to challenge the order of APO dtd. 18/11/2020 by way of filing SBCWP No.14336/2020, in which the Hon'ble High Court vide order dtd. 16/12/2020, stayed the APO order and directed respondents to allow the petitioner to perform his duties on the post. Petitioner states that accordingly pursuant to directions of Court, petitioner was allowed to resume and continue his duties on the post of Additional Director (Development), Tourism Department, Government of Rajasthan, Jaipur. Petitioner further states that during operation of stay order dtd. 16/12/2020, to nullify the same and to harass the petitioner, the Joint Director, Tourism Department, Government of Rajasthan, Jaipur has issued the impugned transfer order dtd. 29/9/2021 whereby the petitioner has been transferred to his Non-cadre post of Additional Director, Tourist Reception Center, Delhi, which is a post of RAS cadre (Temporary). Petitioner pointed out that the transfer of petitioner out of his cadre post, without his consent is arbitrary as much as illegal, if on the post of Additional Director, Tourist Reception Center, Delhi any senior officer of the Tourism Department was to be posted, respondents could have sent any senior officer on deputation after obtaining his consent because the said post is falling in the RAS cadre. Petitioner pointed out that the learned Tribunal has not adverted to this aspect, therefore, the order of Tribunal dtd. 21/1/2022 and the impugned transfer order dtd. 29/9/2021 so also the relieving order of petitioner dtd. 30/9/2021, be quashed and set aside. Petitioner has referred two judgments of Apex Court:

(3.) Respondents have filed reply to the writ petition on 8/2/2022. In para 6 of the reply, it has been stated that there are four sanctioned posts of RAS cader in the Tourism Department, out of which two posts are of regular cadre post (one higher super timer and one super time scale) and other posts are temporary. It has been submitted that out of two temporary posts of RAS cadre, one temporary post was sanctioned as Additional Director (South), Tourism Information Center, Chennai. Subsequently, the said post in Chennai was transferred to the Tourism Reception Center, Delhi vide order dtd. 17/7/2015. It has been submitted that as the post of Additional Director, Tourism Reception Center, Delhi was a RAS Cadre post and the Department of Personnel is cadre controlling of RAS cadre, therefore, before transferring the petitioner who is senior officer belonging to Rajasthan Tourism Service Cadre, on the post of Additional Director, Tourism Reception Center, Delhi, approval of the Department of Personnel, Government of Rajasthan was sought and when the Department of Personnel by way of order dtd. 23/9/2021 accorded its approval and conveyed its no objection, the petitioner has been transferred vide order dtd. 29/9/2021. Thus, the transfer of petitioner on a vacant post of RAS cadre, does not suffer from any illegality and the order of Tribunal as also the transfer order do not call for any interference. With the reply, respondents have placed on record the order of DOP dtd. 24/1/2013 (Annexure-R/2) showing strength of posts in each grade of RAS cadre wherein in super time scale, at serial No.83, the post of Additional Director (South), Tourism Information Center, Chennai is indicated as temporary post of RAS cadre. Respondents have also placed on record note-sheet of Department of Tourism, Government of Rajasthan, Jaipur (Annexure-R/3) seeking approval of Department of Personnel, before issuing transfer order of petitioner. Perusal of note-sheet clearly indicates the admission of respondents as also of DOP that the post of Additional Director, Tourism Reception Center, Delhi is temporary post of RAS cadre.