SAMAY SINGH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The issues involved in these three writ petitions are interwoven, therefore, it is felt appropriate to decide the same together by this common order.

(2.) The facts relevant and essential for disposal of the writ petitions are that both the petitioners are working on the post of Patwari. At the time of inception of the present controversy, petitioner Samay Singh Meena was posted as Reserve Patwari, Tehsil Office, Merta, whereas petitioner Suresh Kumar posted at Patwar Mandal Riyanbadi, Tehsil Riyanbadi, District Nagaur. The respondent department issued a transfer order dtd. 22/2/2024, whereby petitioner Samay Singh Meena was transferred from Reserve Patwari, Tehsil Office, Merta to Patwar Mandal Riyanbadi, Tehsil Riyanbadi, District Nagaur. The name of the petitioner Suresh Kumar was not mentioned in the said order, however, since another person was transferred to the post he was working, he approached this court by way of filing S.B. Civil Writ Petition No.3072/2024 challenging the order dtd. 22/2/2024 to the extent of transfer of Samay Singh Meena to Patwar Mandal Riyanbadi and sought a direction for the respondents not to relieve him. The matter was listed before the court and an interim order dtd. 7/3/2024 was passed in favour of the petitioner, whereby the respondents were directed not to relieve the petitioner from his present place of posting. However, they were given liberty to pass fresh and appropriate orders in terms of law. In the meanwhile, before passing of the aforesaid interim order, petitioner Samay Singh Meena had been relieved from Tehsil Office Merta on 28/2/2024. The District Collector (Land Records), Nagaur passed an order dtd. 28/2/2024, whereby Samay Singh Meena was given posting at Patwar Mandal Riyanbadi in place of Suresh Kumar and the latter was kept Awaiting Posting Order. Petitioner Samay Singh Meena joined his service at Riyanbadi on 6/3/2024, on which day, the Tehsildar (Land Records), Riyanbadi issued an order directing petitioner Suresh Kumar to hand over his charge to the former. Be that as it may, after passing of the interim order dtd. 7/3/2024, the respondents issued another transfer order dtd. 10/3/2024, whereby transfer of the petitioner Samay Singh Meena to Patwar Mandal Riyanbadi was cancelled and he was transferred to Tehsil Begu, District Chittorgarh. By the same order, the Awaiting Posting Order of petitioner Suresh Kumar was cancelled and he was re-posted at Patwar Mandal Riyanbadi. By the order dtd. 12/3/2024, petitioner Samay Singh was relieved from Riyanbadi and petitioner Suresh Kumar was given the said posting. Being aggrieved of the order dtd. 10/3/2024, petitioner Samay Singh Meena preferred S.B. Civil Writ Petition No.4478/2024, wherein an interim order dtd. 18/3/2024 came to be passed, whereby the effect and operation of the order dtd. 10/3/2024 was stayed qua the petitioner. After passing of the said interim order, the respondent District Collector (Land Records), Nagaur passed an order dtd. 1/4/2024, whereby the order dtd. 12/3/2024 relieving petitioner Samay Singh Meena was cancelled and he was given posting at Patwar Mandal Riyanbadi. Thereafter, the respondent District Collector (Land Records), Nagaur passed the order dtd. 17/6/2024, whereby petitioner Suresh Kumar was transferred and posted at Patwar Mandal Bhanwal, Tehsil Riyanbadi. The Tehsildar (Land Records), Riyanbadi vide order dtd. 21/6/2024 directed petitioner Suresh Kumar to hand over charge to petitioner Samay Singh Meena. Being aggrieved of the orders dtd. 17/6/2024 and 21/6/2024, the petitioner Suresh Kumar has preferred S.B. Civil Writ Petition No.10387/2024. All the three writ petitions, two preferred by petitioner Suresh Kumar and one preferred by petitioner Samay Singh Meena, are before this court for adjudication.

(3.) Learned counsel representing petitioner Samay Singh Meena submits that after filing of the writ petition (S.B. Civil Writ Petition No.4478/2024) and passing of the interim order dtd. 18/3/2024, the respondents have cancelled the impugned transfer order dtd. 10/3/2024 as well as the relieving order dtd. 12/3/2024. Thus, in view of the subsequent development, the grievance of the petitioner has subsided and if this court is not inclined to pass any order adverse to his interest in the connected writ petitions filed by Suresh Kumar, the writ petition filed by him may be disposed of as infructuous. Petitioner Samay Singh is also private respondent in the writ petitions filed by petitioner Suresh Kumar, thus, learned counsel has also addressed the court in the capacity of counsel appearing for the respondent in those writ petitions and opposed the submissions made therein.