Rajasthan High Court - Jodhpur
Murlidhar Choudhary vs Ajmer Vidyut Vitran Nigam Ltd on 17 November, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 14640/2021
Murlidhar Choudhary S/o late Shri Shyam Kishore Choudhary,
aged about 59 Years, Resident of 1 J-39, Housing Board Colony,
Banswara (Rajasthan).
----Petitioner
Versus
1. Ajmer Vidyut Vitran Nigam Ltd., Vidyut Bhawan,
Panchsheel Nagar, Makadwali Road, Ajmer (Rajasthan).
through its Managing Director.
2. The Secretary (Administration), Ajmer Vidyut Vitran
Nigam Limited, Vidyut Bhawan, Panchsheel Nagar,
Makadwali Road, Ajmer (Rajasthan).
3. Shri Jalaj Raj Gupta, Assistant Engineer, Presently Posted
Against Post of Executive Engineer (CV), Ajmer Vidyut
Vitran Nigam Limited, Dungarpur (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Chandra Shekhar Kotwani.
For Respondent(s) : Mr. Deepesh Singh Beniwal, R- 1 & 2.
Mr. Pankaj Mehta, R-3.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
17/11/2021
This writ petition has been filed by the petitioner aggrieved
against the order dated 30.09.2021 (Annex.2) whereby the
petitioner, an Executive Engineer, was transferred from Banswara
to Dungarpur.
The petition has been filed inter alia on three grounds; that
the petitioner is due to retire on 31.01.2023 and, therefore, in
view of judgment in the case of Pushpa Mehta vs. Rajasthan
(2 of 4) [CW-14640/2021]
Civil Services Appellate Tribunal & Ors. : 2000 (1) RLW (Raj.)
233, the petitioner should not be transferred; the order is contrary
to the Policy of the Corporation, where a person should not
normally be transferred within two years of his posting; and that
the respondents have passed the order only with a view to
accommodate the respondent No.3, who though is Assistant
Engineer, has been posted in his place.
Reply to the writ petition has been filed on behalf of
respondent No.3 alongwith an application under Article 226 (3) of
the Constitution of India, wherein the respondent No.3 has
indicated that by order dated 12.10.2021 (Annex.R/1), which in
essence superseded/cancelled the order dated 30.09.2021, the
petitioner has been directed to work as Executive Engineer
(Revenue Recovery), Banswara under the control of S.E.
(Operation & Maintenance), AVVNL, Banswara with immediate
effect till further orders, and as such the petition challenging the
order dated 30.09.2021 has been rendered infructuous.
Submissions have been made on behalf of Ajmer Vidyut
Vitran Nigam Ltd. ('AVVNL') also by producing the copy of order
dated 12.10.2021 that as the petitioner has been kept at
Banswara, the petition has been rendered infructuous.
The petitioner has filed an application under Article 226 of
the Constitution of India seeking amendment in the writ petition
so as to question the validity of the order dated 12.10.2021 as
well. It is inter alia indicated that the said order does not cancel
the order dated 30.09.2021 and as such the order dated
12.10.2021 cannot render the writ petition filed by the petitioner
as infructuous.
(3 of 4) [CW-14640/2021]
Learned counsel for the petitioner made submissions that the
respondents only with a view to frustrate the present petition filed
by the petitioner have passed the order dated 12.10.2021 and the
order does not override the order dated 30.09.2021 and therefore,
the plea made that the petition has been rendered infructuous, as
the petitioner continues to remain posted at Banswara, has no
substance. Further submissions have been made that posting of
the respondent No.3 an Assistant Engineer in place of the
petitioner, a post to be held by Executive Engineer, itself vitiate
the orders dated 30.09.2021 and 12.10.2021 and therefore, the
same deserve to be quashed and set aside.
Learned counsel appearing for AVVNL made submissions that
the apprehension of the petitioner regarding the nature of the
order dated 12.10.2021 is misplaced. Learned counsel after
seeking specific instruction on the direction of the Court submitted
that the order dated 12.10.2021, in effect cancels the order dated
30.09.2021 qua the petitioner whereby the petitioner has been
transferred from Banswara to Dungarpur, the present is the
posting order of the petitioner as Executive Engineer (Revenue
Recovery), AVVNL Banswara and that the indication made in the
order 'till further order', is of no consequence.
In view of submissions made by the counsel for the AVVNL,
the apprehension sought to be expressed by the counsel for the
petitioner seeking to question the validity of the order dated
12.10.2021 by way of amendment to the writ petition, stands
addressed/negated and as such there is no necessity to amend
the petition.
So far as the challenge laid to order based on judgment in
the case of Pushpa Mehta (supra) is concerned, in view of order
(4 of 4) [CW-14640/2021]
dated 12.10.2021, as the petitioner would continue to remain
posted at Banswara, the said ground is no more available to the
petitioner and in any case as the order dated 30.09.2021 has
come to end. The challenge to the said order to said extent, also
comes to an end.
Submissions made that the petitioner could not have been
transferred before two years in view of Policy of the Corporation is
concerned, with regard to order dated 12.10.2021, also does not
stand scrutiny of the Court, inasmuch as the said Policy of the
Corporation pertains to change of place and not that of post and,
therefore, the petitioner cannot claim that he cannot be
posted/removed from the post Executive Engineer (O & M).
The last submission made that the posting of the respondent
No.3, an Assistant Engineer, on petitioner's post of Executive
Engineer, is malafide, also apparently has no substance, inasmuch
as the petitioner can question the validity of his change and as to
who fills up the post vacated by him and/or the same is kept
vacant, is none of petitioner's concern. The petitioner cannot give
a feeling that wants to stick to the post, which he was holding
irrespective of the fact that by order dated 12.10.2021, he has
been kept at Banswara only.
In view of above discussion, the writ petition filed by the
petitioner on account of subsequent development, whereby order
dated 12.10.2021 has been passed, is dismissed.
All pending applications also stand disposed of.
(ARUN BHANSALI),J
268-DJ/-
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