MOHAMMED MOBIN MANSURI Vs. AJMER VIDHYUT VITRAN NIGAM
LAWS(RAJ)-2019-5-14
HIGH COURT OF RAJASTHAN
Decided on May 10,2019

Mohammed Mobin Mansuri Appellant
VERSUS
Ajmer Vidhyut Vitran Nigam Respondents

JUDGEMENT

- (1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "1. That impugned order dated 28.02.2019 (Annexure-9) passed by the Secretary (Administration), Ajmer Vidhyut Vitran Nigam Limited Ajmer may kindly be quashed and set aside. 2. Cost of this writ petition may kindly be awarded in favour of the petitioner. Any other appropriate direction or order, which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted."
(2.) This Hon'ble Court had passed the following order on 08.03.2019 in this writ petition: "It is submitted by learned counsel for the petitioner that as per Column - (10) of the Travelling Allowance admissible to Nigam employees on transfer under Rule 27A, it is specifically stipulated that it would be mandatory to mention in the transfer order that such transfer is made in public interest/administrative reasons. In absence of such specific mention in the transfer order, the transfer shall be treated on request of the concerned employee. It is submitted that by order dated 28.02.2019 (Annexure-9) the petitioner has been transferred with immediate effect without indicating that the said transfer was in public interest/administrative reasons, whereas, the petitioner has not made any such request for transfer and, therefore, the order dated 28.02.2019 (Annexure-9) is bad. In view of the submissions made, issue notice. Issue notice of stay application as well. Both the notices are made returnable within a period of four weeks. Notices when issued be given 'dasti' to counsel for the petitioner. In the meanwhile and till further orders, effect and operation of order dated 28.02.2019 (Annexure-9) shall remain stayed. Connect with SBCWP No.2281/2019."
(3.) Brief facts of this case, as noticed by this Court are that the petitioner was appointed on the post of Lower Division Clerk on the basis of work charge, and his services were regularized on 14.11.1994. Thereafter, the petitioner has been appointed as Assistant Accounts Officer on 21.8.1998, and vide order dated 26.04.2018, the petitioner has been promoted on the post of Accounts Officer and posted as AO (O&M), Chittorgarh.;


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