- (1.) This writ petition has been filed by the petitioner challenging the transfer order dated 30.06.2015 (annexure-7). This court on 13.08.2015 passed the following order :- Counsel for the petitioner submits that the petitioner, a substantive Assistant Engineer with the Jaipur Development Authority albeit holding the charge of Executive Engineer on salary of Assistant Engineer, has been transferred vide order dated 30-6-2015 to the Rajasthan Urban Infrastructure Project Bundi (RUIDP). He submits that RUIDP is not a Municipality in terms of Rajasthan Municipalities Act, 1959 (hereinafter 'the 1959 Act') not a part of Rajasthan Housing Board or for that matter a Trust under the Urban Improvement Trust Act, 1959. RUIDP is only an agency of the State Government. It is submitted that the petitioner could not have been transferred to RUIDP Bundi in terms of the Jaipur Development Authority (General Terms and condition of transfer of officers and Employees) Rules, 2009 (hereinafter 'the 2009 Rules'). Reference has been made to rules 3 and 5 of the 2009 Rules which empower the State Government to transfer any officer of the JDA to the Rajasthan Housing Board, UITs, and Municipalities within the State of Rajasthan on a post and carrying pay scale not lower than the pay scale of the employee transferred. It is submitted that the petitioner, if at all, in the circumstances could have been deputed with his consent to RUIDP. The petitioner's consent is absent as evident from the fact that the order impugned purports to be an order of transfer and not of deputation. Having heard counsel for the petitioner and considered the submissions, which are duly supported by the plain language of the 2009 Rules. I am of the considered view that the impugned order 30-6-2015 transferring the petitioner to RUIDP Bundi is prima facie not sustainable in law. It shall therefore remain stayed for the duration of the pendency of the writ petition. Consequent to stay of the order dated 30-6-2015, the petitioner shall be allowed to continue with the Jaipur Development Authority, Jaipur even in the event of his having been relieved. The stay application stands allowed accordingly.
(2.) Counsel for the respondent submits that now almost five years have already been passed after passing of the interim order, hence respondents may be given liberty to pass fresh order of transfer as and when need arises.
(3.) Counsel for the petitioner has not opposed the submission made by counsel for the respondent.;