SANTOSH YADAV Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By this petition, a challenge is made to the orders dated 20th October, 2015, 18th December, 2015, 21st December, 2015 and lastly the order dated 22nd December, 2015, by which the petitioner was transferred from one place to another.

(2.) Learned counsel submits that petitioner was given promotion and posting at Pratapsinghpura, Neemrana, Alwar vide order dated 17th December, 2014. She was relieved but thereupon on her request, she was transferred to Jaguwaas, Behror, Alwar by the order dated 22nd June, 2015. The petitioner was relieved and joined the post on 26th June, 2015. The respondents thereupon issued another order on 20th October, 2015 to make amendment in the earlier order of posting of those employees who were found surplus. The petitioner was made to suffer. She was transferred from Jaguwaas, Behror, Alwar to Karoda, Behror, Alwar. The order aforesaid was passed in ignorance of circular issued by the Government on 18th December, 2015. As per the circular, as and when two employees are working against one post, the senior -most has to be relieved. The circular further provides that if interim order has been passed in a judicial proceeding, the order be carried by relieving other person. The petitioner herein preferred an appeal before the Rajasthan Civil Services Appellate Tribunal and interim order was passed in her favour. In ignorance of the aforesaid circular, the order of transfer was passed. Thus impugned orders being in violation of circular, it deserve to be quashed.

(3.) The petitioner initially approached the Tribunal. However, appeal preferred before the Tribunal was disposed of without causing interference in the impugned order but with the direction for payment of TA and DA. The order passed by the Tribunal is in ignorance of the circular issued by the Government and violation thereof thus this court may interfere in the impugned orders.