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2025 DAILYLAW 24860 (RAJ)

SHAFIQ AHMED S/O SHRI FAROOK AHMED v. STATE OF RAJASTHAN

CW/10977/2025 · 2025-08-18

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:32124] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10977/2025 Shafiq Ahmed S/o Shri Farook Ahmed, Aged About 55 Years, Resident Of Rajban Ki Masjid Ke Pass, Tonk (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. 2. The Joint Director, School Education, Ajmer Division, Ajmer 3. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 18/08/2025 1. The petitioner has filed the present petition under Article 226 & 227 of the Constitution of India, assailing the order dated 30.06.2025 passed by the Rajasthan Civil Services Appellate Tribunal in Appeal No.2813/2025, titled “Shafiq Ahmed Vs. State of Rajasthan & Ors.” 2. Learned counsel for the petitioner submits that the petitioner was promoted to the post of Assistant Administrative Officer from the post of Senior Assistant (UDC) vide order dated 14.01.2025 and he was posted at Government Senior Secondary School, Sonwa, District Tonk vide order dated 02.05.2025. However, the place of posting was subsequently changed to Government Senior Secondary School Gandher block, Jahajpur, District Bhilwara vide order dated 04.05.2025 following which a relieving order dated 08.05.2025 was issued. He further submits that the said promotion order was passed without due consideration of the fact [2025:RJ-JP:32124] (2 of 3) [CW-10977/2025] number of posts of Asstt. Administrative Officer are lying vacant in Distt. Tonk itself. 3. Heard and considered the submissions made by the learned counsel for the petitioner and perused the material available on record. 4. From a bare perusal of the order dated 04.05.2025, it is evident that the respondent-department revised the place of posting even before the petitioner had joined the new post. Furthermore, the posting of the petitioner was made consequent to his promotion to the post of Assistant Administrative Officer, which does not fall under the category of a transfer. 5. Even otherwise, looking to the fact that the petitioner has been posted in District Tonk since 15.10.2009 and that the post at Government Senior Secondary School, Gandher Lok, Jahajpur, District Bhilwara has been lying vacant for a long time, therefore, to meet out administrative exigencies, impugned orders have been passed. Thus, it cannot be said merely number of posts are lying vacant in District Tonk. The petitioner should not be posted at Jahajpur, Bhilwara. 6. It is trite law that any employee holding a transferable post, has no vested right to remain posted at a particular location or particular District or posted on the vacancies lying vacant in the same district rather is liable to be posted wherever administrative exigencies requires. Moreover, it is an established principle that the employer has the prerogative to decide where the services of any employee are required from an administrative standpoint or in the interest of the state for proper function of the schools. 7. In light of the foregoing discussions and considering the submissions of the petitioner, this Court finds that the order dated [2025:RJ-JP:32124] (3 of 3) [CW-10977/2025] 04.05.2025 (Annexure-3), the relieving order dated 08.05.2025 (Annexure-4) and the order passed by the learned Appellate Tribunal dated 30.06.2025 (Annexure-1) does not suffer from any arbitrariness, perversity or legal infirmity. 8. Accordingly, this Court finds no reasonable ground to interfere with the impugned order dated 04.05.2025; 08.05.2025 and 30.06.2025. Thus, the writ petition, being devoid of merit, fails and is hereby dismissed. 9. The stay application as well as other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J Seema/6