Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Aakashdeep Poonia ... on 20 September, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:39001-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 799/2024
1. The State Of Rajasthan, Through The Secretary,
Department Of Agricultural, Govt. Of Rajasthan, Jaipur
2. The Commissioner (Agricultural), Secretariat, Jaipur,
Agriculture Commissionrate, Rajasthan, Jaipur.
3. The Assistant Director, Agricultural (Extension),
Hanumangarh, District Hanumangarh (Raj.).
----Appellants
Versus
Aakashdeep Poonia S/o Shri Vijaypal, Aged About 29 Years,
Ward No. 8, 5 Ngr, Nagarana, Hanumangarh, District
Hanumangarh (Raj.).
----Respondent
For Appellant(s) : Mr. Indra Raj Choudhary, AAG
For Respondent(s) : -
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
20/09/2024
An application (I.A. No.01/2024) under Section 5 of the
Limitation Act for condonation of delay has been filed. The appeal
is time barred by 21 days. For the reasons mentioned in the
application, the same is allowed. The delay caused in filing of this
Special Appeal is condoned.
2. This Special Appeal has been filed by the appellants seeking
the following reliefs:-
"It is, therefore, respectfully prayed that this Appeal may
kindly be accepted and allowed; and by appropriate writ,
order or direction:-
a) The judgment dated 08.05.2024 passed in S.B.
Civil Writ Petition No.3397/2024 (Aakashdeep Poonia vs.
State of Rajasthan & Ors.) may kindly be quashed and set
aside, and;
[2024:RJ-JD:39001-DB] (2 of 3) [SAW-799/2024]
b) The S.B. Civil Writ Petition No.3397/2024
(Aakashdeep Poonia vs. State of Rajasthan & Ors.) may
kindly be dismissed with exemplary cost; and
c) Any other appropriate appeal, order or direction
which the circumstances of the case may warrant be also
passed in favor of the Appellant."
3. The State of Rajasthan is in appeal against the order dated
08th May 2024 by which the order of transfer of the respondent
namely Aakashdeep Poonia S/o Shri Vijaypal passed on 22 nd
February 2024 has been quashed by the writ Court.
3. Mr. Indra Raj Choudhary, the learned Additional Advocate
General submits that the findings recorded and the observations
made by the writ Court regarding post facto approval granted by
the Department shall in effect vitiate the transfer of 214 persons
who were holding different posts at different places.
4. In our opinion, the apprehension expressed by the learned
Additional Advocate General is unfounded. This has never been in
the realm of any doubt that a decision by the Court governs the
parties to the litigation except in very exceptional kind of cases
where the Court itself directed extending benefits to similarly
situated persons. In our opinion, the observations made by the
learned Single Judge regarding post facto approval dated 16th
March 2024 accorded by the Department of Agriculture and
Panchayati Raj shall not affect transfer of the other persons in the
transfer order dated 22nd February 2024. This is too well known
that transfer of any employee is a policy decision which sometimes
is taken in the administrative exigencies. The Court shall have no
power to interfere with the order of transfer unless it is
demonstrated before the Court that the transfer order was without
jurisdiction or contrary to the extant Rules. Mr. Indra Raj
Choudhary, the learned Additional Advocate General has drawn
[2024:RJ-JD:39001-DB] (3 of 3) [SAW-799/2024]
attention of this Court to the judgment rendered by a Division
Bench of this Court in D.B. Special Appeal Writ No.284 of 2022
titled as "State of Rajasthan v. Rekha Kumari" with analogous
matters. We accord our concurrence to the judgment in "Rekha
Kumari" which also indicates that post facto approval granted by
the Department would suffice and save the transfer order even if
the same was issued without taking prior approval as mandated
under clause (iii) of Rule 8 of Rajasthan Panchayati Raj
(Tansferred Activities) Rules, 2011.
5. With the aforesaid observations, D.B. Spl. Appl. Writ No. 799
of 2024 is dismissed.
(KULDEEP MATHUR),J (SHREE CHANDRASHEKHAR),J
23-divya/mohit-
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