IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.14815/09 Ranveer Singh Ranawat Versus Ajmer Vidhyut Vitran Nigam Ltd. & Ors. DATE OF ORDER : 04/12/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sandeep Taneja, for petitioner ***
Petitioner joined service as Helper in Sub-Division, Kekri and as per petitioner’s own saying he had worked in Sub-Division, Kekri from the date of its inception/entry into service and at one point of time vide order dt.26th October, 2009 while working as CCA-III, he was transferred to the office of A.En. [O&M], Jahajpur. But, on his own request made, he was brought back to the office of A.En. [O&M], Kekri vide order dt.12th November, 2009. For the first time, after working for almost 29 yrs. by now, he has been transferred by the authority from the office of A.En. [O&M], Kekri to Rashmi vide order dt.17th November, 2009, which has been assailed in the instant petition.
Counsel submits that in the relieving order passed in compliance of the order of transfer dt.18th November, 2009 there is a note that he will not get TA/DA and joining time as he has been transferred on his own request and this fact is factually incorrect for which he made representation pointing out that he never made request for his transfer. In such circumstances, counsel submits that the order impugned whereby he has been transferred from Kekri to Rashmi dt.17th November, 2009, is arbitrary and has not been passed in the interest of administration.
Counsel further submits that so far as seniority of semi skilled staff is concerned, it is maintained at the Sub-Division level and present order of transfer impugned will affect his seniority for further promotion and is not within the competence of the authority to transfer employees outside Sub-Division under relevant rules.
Both the submissions made by Counsel are without substance for the reason that order by which he has been transferred under the signature of Secretary, Administration, Ajmer Vidyut Vitran Nigam Ltd., Ajmer there is no mention that he has been transferred at his own request, but the Assistant Engineer who has passed the order of his relieving in compliance thereof on 18th November, 2009 mentioned a note that he will not get TA/DA and joining time as he has been transferred on his own request. Even otherwise, he can claim TA & DA, but the order impugned by which he has been transferred, cannot be said to be arbitrary which may call for interference.
As regards submission made affecting his seniority on being posted out of Sub-Division. Suffice it to say that when order has been passed transferring employees in the interest of administration, seniority is always maintained in sub-division concerned where an employee has its lien and transfer is not going to affect it.
Consequently, this court find no substance in the writ petition, the same stands dismissed.
[AJAY RASTOGI], J.
FRBOHRA14815CW09 4-12.doc