Rajasthan High Court - Jodhpur
Khangar Singh vs The State Of Rajasthan on 28 February, 2024
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2909/2024
Kera Ram S/o Shri Jai Karan, Aged About 47 Years, Resident Of
Village Lakhani, Tehsil Bagora, District Jalore, Rajasthan.
----Petitioner
Versus
1. The State of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department, Government
Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Chief Executive Officer, Zila Parishad Jalore, District
Jalore, Rajasthan.
3. The Block Development Officer, Panchayat Samiti Sarnau,
District Sanchore, Rajasthan.
----Respondents
connected with
S.B. Civil Writ Petition No. 2944/2024, 2948/2024, 2949/2024,
2952/2024, 2953/2024, 2955/2024, 2963/2024, 2968/2024,
2972/2024, 2973/2024, 2986/2024, 2988/2024, 2997/2024,
3012/2024, 3015/2024, 3052/2024, 3061/2024, 3099/2024,
3111/2024, 3120/2024, 3125/2024, 3126/2024, 3127/2024,
3153/2024, 3157/2024, 3163/2024, 3177/2024, 2683/2024,
2741/2024, 2971/2024, 3085/2024 & 3138/2024.
For Petitioner(s) : Mr. Mukesh Rajpurohit
Mr. Manish Patel
Mr. J.S. Bhaleria
Mr. Ramawatar Singh
Mr. S.S. Gour
Mr. Mahaveer Prasad
Mr. Ramesh Kumar
Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Manish Tak with
Mr. Rajdeep Singh
HON'BLE MR. JUSTICE ARUN MONGA
Order
28/02/2024
Every other day, this court is being inundated with the
similar writ petitions, pleading unavailability of equally efficacious
remedy, assailing transfer orders of the officials working in the
(2 of 3) [CW-2909/2024]
department of Rural Development of Panchayati Raj, Government
of Haryana. Predominantly, the grievance is that without
specifying as to which Gram Panchayat to join in the transferee
Panchayat Samiti, officials of the rank of
Village Development Officers/Assistant Administrative
Officers/Gram Sewaks/LDCs/Junior Assistants/Junior Technical
Assistants/Gram Vikas Adhikaris are being transferred, subjecting
them to the arbitrariness of the Head of the Panchayat Samiti to
allocate their Gram Panchayat, only after they report at the
transferred Panchayat Samiti.
Heard.
On the face of it, such transfer orders, supra, lacking the
necessary specific particulars, appear to be in violation of a
judgment rendered in Chandra Kanta Vs State of Rajasthan &
Anr. : S.B. Civil Writ Petition No.14638/2019, decided on
20.01.2020. Said judgment has attained finality since no intra-
court appeal was preferred by the department against the same.
Prima facie, I am of the view that the administrative officers
of the department need to be sensitized qua the judgment, ibid,
so as to provide the specifics in the transfer orders proposed to be
passed by them. In case, they are deliberately omitting such
details, appropriate administrative action then must be taken
against them. To reiterate, they must specify the Gram Panchayat
within the Panchayat Samiti where an official is being transferred.
Needless to say, the arbitrary manner in which the transfer
orders continue to be passed are leading to unnecessary litigation.
Notwithstanding that, the controversy, is no more res integra.
Such a lackadaisical approach, is burdening not only this court,
(3 of 3) [CW-2909/2024]
but the State as well with avoidable multiplicity of lis which
already stands adjudicated.
There is no gainsaying that a government official, given the
tight budget salary drawn by him, can ill-afford litigation and is
forced to spend his hard earned money on litigation due to the
non-challant attitude of the department superiors.
In the premise, the Secretary, Rural Development and
Panchayati Raj Department, Government of Rajasthan is
requested to join the Court proceedings through video
conferencing to assist the court on the next date of hearing, to
apprise his administrative views on the aforesaid position.
Issue notice.
Learned counsel Mr. Manish Tak, present in Court accepts
notice on behalf of respondents. Service is thus dispensed with.
Post it on 06.03.2024. All petitions to be heard with
S.B.C.W.P. No.2909/2024.
Meanwhile, operation and effect of the impugned transfer
orders qua the petitioners in the respective writ petitions shall
remain stayed till the next date.
Registry is directed to list all the similar matters involving
respondent No.1 department, wherein such like transfer orders
are under challenge, along with the instant bunch of petitions.
Photocopy of this order be placed in the connected files.
(ARUN MONGA),J
AnilKC/-
267,268,269,270,271,272,273,275,
276,278,279,281,282,283,284,285,
291,293,299,302,304,305,306,310,
311,312,313,84,86,277,295,309
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