Rajasthan High Court - Jodhpur
Kaluram Dhayal vs State Of Rajasthan on 23 March, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 1794/2022
Kaluram Dhayal S/o Shri Chhgan Lal Dhayal, aged about 35
Years, R/o Dhani Shyam Singh Wali, Village Mau, District Sikar
(Raj.).
----Petitioner
Versus
1. State of Rajasthan through Director General of Police,
Rajasthan, Jaipur.
2. The Superintendent of Police (Headquarter), Rajasthan,
Jaipur.
3. The Inspector General of Police, Kota Range, District Kota.
4. The Superintendent of Police, District Bhilwara.
5. The Superintendent of Police, Kota Rural, District Kota.
6. The Superintendent of Police, Bundi, District Bundi.
----Respondents
For Petitioner(s) : Mr. Vijay Bishnoi.
For Respondent(s) : Mr. Manish Vyas, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
23/03/2022
This writ petition has been filed by the petitioner aggrieved
against the order of transfer dated 05.08.2021 (Annex.1),
relieving order dated 05.08.2021 (Annex.2) and subsequent
transfer order dated 30.09.2021 (Annex.3), whereby the
petitioner has been transferred from Bhilwara to Kota (Rural) and
from Kota (Rural) to Bundi.
It is, inter alia, submitted by the counsel for the petitioner
that the issue raised in the present petition is squarely covered by
(2 of 3) [CW-1794/2022]
order in Subhash Chandra vs. State of Rajasthan & Ors. : S.B.
Civil Writ Petition No.10353/2021 decided on 03.09.2021, as
upheld by Division Bench in State of Rajasthan & Ors. vs.
Surendra Khokhar (Kumar) : D.B. Special Appeal (Writ)
No.610/2021 decided on 29.11.2021 and therefore, the petition
filed by the petitioner deserves to be allowed.
Learned Additional Advocate General though did not dispute
the fact that the issue raised in the present petition is squarely
covered by order in the case of Subhash Chandra (supra),
however, submits that the petitioner was initially transferred on
05.08.2021 and thereafter another transfer has taken place on
30.09.2021 and the present petition has been filed on 21.01.2022
and therefore, the petitioner is not entitled to any relief.
The submission made by learned AAG also stands squarely
covered by order of this Court in Shyam Lal vs. State of Rajasthan
& Ors. : S.B. Civil Writ Petition No.16659/2021 alongwith
connected writ petitions, decided on 11.02.2022, wherein on the
said aspect, it was inter alia observed by this Court as under:
"The issue raised is squarely covered by judgments
in the case of Subhash Chandra (supra) and Surendra
Khokhar (supra).
So far as the plea raised regarding the delay in filing
of the petitions is concerned, the issue, which was decided
by this Court pertains to the similar orders dated
05.08.2021 and it was held that the seniority of the
Constable/Head Constable is to be maintained at District
Level and in case, they are transferred out of
district/range, the same would not be legal and would be
contrary to the provisions of the Rules.
Merely because pursuant to the order of transfer
dated 05.08.2021, the petitioners have joined at the
transferred place, qua the grievance raised regarding their
seniority getting affected and the transfer being contrary
to the provisions of the Rules, the same cannot act as
estoppel and as the cause of action affecting seniority is
continuous, it cannot be said that merely on account of the
fact that the petitioners have approached this Court after a
gap of 3 to 6 months, the petitions deserve dismissal.
(3 of 3) [CW-1794/2022]
In view of the above discussion, the writ petitions
are allowed. The orders dated 05.08.2021 qua the
petitioners are quashed and set-aside.
The petitioners are permitted to join back at the
place from where they were transferred by the impugned
orders."
In view of orders in the cases of Subhash Chandra (supra)
and Shyam Lal (supra), the petition filed by the petitioner is
allowed. The orders dated 05.08.2021 (Annex.1) and 30.09.2021
(Annex.3) are quashed and set aside. The petitioner would be
permitted to join back at Bhilwara, from where he was transferred
by order dated 05.08.2021.
(ARUN BHANSALI),J
83-DJ/-
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