Nanuram Vaishnav S/O Shri C.L ... vs State Of Rajasthan
2023 Latest Caselaw 581 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Writ Petition No. 16586/2022

Nanuram Vaishnav S/o Shri C.l Vaishnav, Aged About 37 Years,
Employee Id Rjbw200508010998 R/o Gram Ganglas Tehsil
Aasind, Bhilwara, Rajasthan (Presently Posted As Senior Teacher
At Government Senior Secondary School, Ganglas, Block Aasind,
Bhilwara, Rajasthan)
                                                                       ----Petitioner
                                      Versus
1.     State     Of     Rajasthan,         Through         Its     Additional   Chief
       Secretary, School Education, Secretariat, Jaipur.
2.     Joint Secretary, School Education Group 2, Secretariat,
       Jaipur.
3.     Principal      Secretary,       Department           Of     Personnel,   Main
       Building, Secretariat, Jaipur.
4.     Director, Secondary Education, Bikaner, Rajasthan
5.     Joint Director, School Education, Ajmer Division, Ajmer,
       Rajasthan.
                                                                    ----Respondents

Connected With S.B. Civil Writ Petition No. 15013/2022 Kailash Chand Son Of Shri Manna Lal, Aged About 56 Years, Employees Id Rjko 1992270001168 R/o Village Saatal Khedi, Tehsil Ramganj Mandi Kota Raj. (Presently Posted As Senior Teacher At Government Senior Secondary School, Kumbhkot Khairabaad, District Kota Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, School Education, Secretariat, Jaipur.

2. Joint Director, School Education, Kota Division Kota (Raj.)

3. District Education Officer, Secondary, Kota.

----Respondents S.B. Civil Writ Petition No. 15014/2022 Suresh Chand Jain Son Of Shri Manak Chand Jain, Aged About 54 Years, Employee Id Rjko199727000719 R/o Village Chechat,

(2 of 7) [CW-16586/2022]

Ramganjmandi, Kota, Raj. (Presently Posted As Lecturer Political Science At Government Senior Secondary School, Chechat, Ramganjmandi, District Kota, Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, School Education, Bikaner.

2. Director, Secondary Education, Bikaner, (Raj.)

3. District Education Officer, Secondary, Kota.

----Respondents S.B. Civil Writ Petition No. 16451/2022 Vikram Singh Jain S/o Late Shri Prem Singh Jain, Aged About 55 Years, Employee Id Rjbw199208006524 R/o A106 Shastri Nagar, Bhilwara, Rajasthan (Presently Posted As Lecturer, School Education At Government Senior Secondary School, Bhimganj, Bhilwara, Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur.

2. Joint Secretary, School Education Group 2, Secretariat, Jaipur

3. Principal Secretary, Department Of Personnel, Main Building, Secretariat, Jaipur.

4. Director, Secondary Education, Bikaner, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 16633/2022 Ram Narayan Janwa S/o Shri Prem Chand, Aged About 50 Years, Employee Id - Rjpg200530011454 R/o Village Mahudiya Block Choti Sadri, Pratapgarh, Rajasthan (Presently Posted As Lecturer At Government Senior Secondary School, Jaloda Jageer, Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur.

2. Joint Director, Secondary Education, Ajmer Division, Ajmer, Rajasthan.

(3 of 7) [CW-16586/2022]

3. District Education Officer, Secondary Education, Bhilwara.

4. Principal Secretary, Department Of Personnel, Main Building, Secretariat, Jaipur.

----Respondents S.B. Civil Writ Petition No. 16640/2022 Mukesh Kumar Mali S/o Shri Jagdish Chandra Mali, Aged About 40 Years, Employee Id - Rjbw201408023314 R/o District Bhilwara, Rajasthan (Presently Posted As Senior Teacher At Government Senior Secondary School, Rajendra Marg, Bhilwara Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur.

2. Joint Director, School Education, Ajmer Division, Ajmer.

3. District Education Officer, Secondary, Bhilwara.

4. Principal Secretary, Department Of Personnel, Secretariat, Jaipur.

----Respondents S.B. Civil Writ Petition No. 16648/2022 Gautam Lal Janwa S/o Shri Beer Chand Janwa, Aged About 50 Years, Employee Id Rj200590011449 R/o Village Chogla Kheda, Swaroopganj, Choti Sadri, Pratapgarh (Presently Posted As Senior Teacher At Government Senior Secondary School, Siyakhedi, Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur.

2. Joint Director, School Education, Ajmer Division, Ajmer.

3. District Education Officer, Secondary, Bhilwara

4. Principal Secretary, Department Of Personnel, Secretariat, Jaipur.

----Respondents S.B. Civil Writ Petition No. 16649/2022 Anoop Singh Rajput S/o Shri Cheetar Singh Rajput, Aged About 40 Years, Employee Id Rjbw200508011846 R/o 2 A 13 Bapu

(4 of 7) [CW-16586/2022]

Nagar, Bhilwara, Rajasthan (Presently Posted As Senior Teacher At Government Girls Senior Secondary School, Gulmandi, Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur.

2. Joint Director, School Education, Ajmer Division, Ajmer.

3. District Education Officer, Secondary, Bhilwara

4. Principal Secretary, Department Of Personnel, Secretariat, Jaipur.

----Respondents S.B. Civil Writ Petition No. 16660/2022 Rajkumar Swarnkar S/o Shri Bhanwar Lal Soni, Aged About 58 Years, Employee Id - Rjbw199708016529 R/o B-307, Sanjay Colony, Devriya Balaji Road, Bhilwara, Rajasthan (Presently Posted As Senior Teacher At Government Senior Secondary School, Gandhinagar, Bhilwara, Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur.

2. Joint Director, School Education, Ajmer Division, Ajmer.

3. District Education Officer, Secondary, Bhilwara.

4. Principal Secretary, Department Of Personnel, Secretariat, Jaipur.

----Respondents S.B. Civil Writ Petition No. 16700/2022 Meghram Meena S/o Shri Kanahaiya Lal Meena, Aged About 56 Years, Employee Id- Rjpg199730006847 R/o Village Datasuti Block Bamanvas, Sawai Madhopur (Presently Posted As Senior Teacher At Government Senior Secondary School, Haripura, Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur.

                                              (5 of 7)                [CW-16586/2022]


2.     Joint     Director,       School    Education,            Udaipur    Division,
       Udaipur.

3. Principal Secretary, Department Of Personnel, Secretariat, Jaipur.

                                                                   ----Respondents


For Petitioner(s)            :    Mr. Sudhir Gupta
For Respondent(s)            :    Mr. S.S. Raghav, AAG


            HON'BLE MR. JUSTICE SUDESH BANSAL
                           Order

17/01/2023

1. In all these writ petitions, the transfer order of petitioners

holding the post of Senior Teacher/Lecturer has been challenged

fundamentally on the ground that the Joint Director School

Education was not having competence to pass transfer orders.

2. Learned counsel for petitioners submits that vide notification

dated 26.07.2021, Rajasthan Education (State and Sub-Ordinate)

Service Rules, 2021 (hereinafter referred to "Rules of 2021") was

promulgated and Rajasthan Education Service Rules, 1970 and

Rajasthan Education Subordinate Service Rules, 1971 (hereinafter

referred to "Rules of 1970 & 1971"), have been deleted. The

powers of transfer were delegated to the Joint Registrar to the

Government under the rules of Rules of 1970 & 1971 and after

deletion of said rules, the impugned transfer order passed after

deletion of Rules of 1970 & 1971 is without jurisdiction. It has

been stated that under the Rules of 2021, the powers to the Joint

Directors, School Education and District Education Officer (H.Q)

Secondary Elementary have been delegated by the State

Government vide order dated 22.09.2022. In the order dated

22.09.2022, the delegation of powers has been made effective

retrospectively from the date when the Rules of 2021 were

(6 of 7) [CW-16586/2022]

promulgated vide notification dated 26.07.2021. Reliance has

been placed in case of Bharat Sanchar Nigam Ltd. & ors. Vs.

M/s Tata Communications Ltd. [2022 Live Law (SC) 792] to

contend that order dated 22.09.2022 cannot be held effective

retrospectively.

3. Per contra, the counsel appearing on behalf of respondents

submits that as per Section 2 (a) of the Rules of 1970 & 1971, the

State Government has delegated the powers to the Director and

Joint Director vide notification dated 16.02.1985 (Annexure R/2)

and after promulgation of new Rules of 2021, the earlier

notification of delegation of powers do not come to an end, and

further such notification is saved, as per the Rule 46 dealing with

repeal and saving. Therefore, it may not be said that the joint

Director was casted out of powers for passing impugned transfer

orders.

5. Heard. Considered.

6. At the outset, it is not in dispute that vide notification dated

26.07.2021, the Rules of 1970 & 1971, have been deleted and

Rules of 2021 have been promulgated. It is also not in dispute

that the State Government vide notification dated 16.02.1985,

issued under the Rules of 1970 & 1971, has delegated powers,

including power of transfer to the Appointing Authority. Rules 2 (a)

defines the appointing authority and the same is similar in the

Rules of 1970 & 1971 as well as in the Rules of 2021. Notification

dated 16.02.1985 (Annexure R/2) was issued by the State

Government delegating the powers to Appointing Authority as

mentioned in the schedule. As per Rule 46 of Rules of 2021, which

deals with repeal and saving delegation of powers vide notification

dated 16.02.1985 under Rules of 1970 & 1971 are saved.

(7 of 7) [CW-16586/2022]

7. Thus, it may not be held that the impugned transfer order

passed by the Joint Director, School Education on behalf of the

State Government during the period after issuance of notification

dated 28.07.2021 and before passing order dated 22.09.2022,

have been passed without having competence or delegation of

powers. The order dated 22.09.2022 does not entrust any new

powers.

8. As far as the Judgment of Hon'ble Supreme Court in case of

Bharat Sanchar Nigam Ltd.(supra) is concerned, the same is not

applicable in the facts of present case. In the present case, the

issue is related to the transfer order and powers delegated to the

Joint Director under Rules of 1970 & 1971 remains continue after

promulgation of Rules of 2021 and order dated 22.09.2022 issued

by the Government is just clarified to such aspect. Moreover, it is

not in dispute that all petitioners have joined at the transferred

place and the transfer orders have been acted upon as much as

have been affirmed by the Tribunal. Therefore, for the aforesaid

discussion, this Court is not inclined to interfere with the

impugned transfer orders while exercising its extra ordinary

jurisdiction under Article 226 of Constitution of India.

9. Accordingly, writ petitions are without force and the same

are hereby dismissed.

10. Stay applications and any other pending application, if any,

stand disposed of.

11. A copy of the this order be placed in each file.

(SUDESH BANSAL),J

TN/59-68

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