JUGAL KISHORE Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This special appeal is directed against the judgment dated 12.5.2004 rendered by the learned Single Judge in S.B. Civil Writ Petition No. 3877/2001.

(2.) The brief facts of the case are that the appellant was appointed as Class IV employee in the Office of the Chief Engineer, Command Area Development, Indira Gandhi Nahar Pariyojna, Bikaner on 16.10.1989. Thereafter, he was promoted as Lower Division Clerk in accordance with Rule 7 of the Rajasthan Service Rules vide order dated 28.3.1998 and was assigned seniority at point 497. The appellant, having come to know that certain Lower Division Clerks have been demanded by the Commissioner, Commercial Taxation, Rajasthan, Jaipur from various departments for the permanent absorption, applied for the same. His application was forwarded by the Chief Engineer, IGNP on 13.3.2000 to the Commissioner, Commercial Taxation Department purporting to be in the subject matter of inter-department transfer, telling him specifically that the appellant wanted to be transferred to the post of Lower Division Clerk in the Commercial Taxation Department and his application for transfer was forwarded on the condition that if the appellant is transferred, his lien and seniority in the department shall be treated to have come to an end. This letter was responded to by the Commissioner, Commercial Taxation. Again one letter was sent on 25.3.2000 by the Chief Engineer, IGNP. Thereafter the Commissioner (Admn.), Commercial Taxation Department wrote a letter dated 27.3.2000 to the Chief Engineer, IGNP, requesting him to relieve the appellant so as to enable him to join his department. The appellant was relieved vide order dated 31.3.2000 and joined the office of the Dy. Commissioner (Admn.), Commercial Taxation Department vide his joining report dated 1.4.2000. Thereafter, the Dy. Secretary, Department of Personnel (A-2), Government of Rajasthan wrote a letter dated 13.9.2001 to the Deputy Commissioner (Admn.), Commercial Taxes, stating therein that the transfer of the appellant was illegal being contrary to the circular dated 15.7.2000 and there are no provisions in the Rajasthan Subordinate Offices Ministerial Service Rules, 1999 (hereinafter referred to as "the Rules of 1999") for inter-department transfer. It was also asked as to who is responsible for this transfer and cancelled the transfer order. This order has been placed on record in the writ petition as Annexure-11. The appellant has also taken the stand in the writ petition that the persons down below the appellant in the seniority in the office of the Chief Engineer, IGNP were declared surplus and as many as 48 candidates have been declared surplus and they were absorbed in the other departments and if the appellant is sent back to the Office of the Chief Engineer he will be junior-most person to them while the persons junior to him absorbed in other department will retain their original seniority. The appellant submitted a representation dated 21.9.2001 (Annexure-13) before the respondent No. 5 but no relief was granted. Thereafter, the writ petition was filed by the appellant with the following prayers :-

(3.) The reply to the writ petition has been filed on behalf of the respondent Nos. 2 & 3 and no other respondents have filed reply to the writ petition.