[2025:RJ-JP:42552] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15981/2025 Dr Indu Sharma D/o Shri Krishnavtar Sharma, Aged About 59 Years, Resident Of Bharatpur (Raj.) Working As Deputy Director, Deputy Director Office Ayurved Department, Distt. Bharatpur (Raj.) ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Ayurved Department, Secretariat, Jaipur. 2. Deputy Secretary To Government, Ayurved, Yog And Naturopathy, Yunani, Siddha And Homeopathy (Ayush) Department, Government Jaipur. 3. Director, Ayurved Department, Ajmer. 4. Sadhuram Sharma S/o Shri Nathi Lal Sharma, Aged About 59 Years, R/o 143, Krishna Nagar Bharatpur (Raj.) Presently Posted As Deputy Director, Department Of Ayurved Bharatpur. ----Respondents For Petitioner(s) : Mr. Jagmohan Bhardwaj For Respondent(s) : Mr. Parth Sharma & Mr. Vishnu Dutt Sharma for Bhuwnesh Sharma, AAG Mr. Sandeep Saxena HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/10/2025 1. Defect(s) pointed by the Office is ignored and over-ruled. 2. This writ petition has been preferred by petitioner with following prayers: “Issue an appropriate writ, order or direction in the nature thereof, thereby quash and set aside the order dated 03.09.2025, 05.09.2025 and 15.09.2025 and the petitioner may kindly be permitted to serve at the present place of posting i.e. [2025:RJ-JP:42552] (2 of 4) [CW-15981/2025] Deputy Director, Ayurved Department, Bharatpur, during the pendency of the writ petition. (ii) Any other appropriate order directions which this Hon'ble court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (iii) Cost of the writ petition be also awarded in favour of the petitioner.” 3. Service upon all respondents is complete and considering the exigency of matter we are considering this matter for final disposal at this stage. 4. Learned counsel for petitioner while referring affidavit of present petitioner submits that on 30.11.2025 the petitioner is going to attain the age of 60 years and she will superannuate on 30.11.2025. He also submits that petitioner, though entitled for extension of two years, can work upto attaining the age of 62 years but she will not opt for continuation after 30.11.2025. 5. He further submits that present petitioner was working on the post of Deputy Director, Ayurved Department, Bharatpur and by order dated 03.09.2025 present petitioner was placed under APO (Awaiting Posting Order). He submits that on a false complaint made to Hon’ble Chief Minister, the petitioner was transferred to victimise due to political reasons. He also submits that the petitioner has preferred an appeal before Rajasthan Civil Services Appellate Tribunal, Jaipur and an interim order was refused by order dated 19.09.2025. He further submits that the action of respondent(s) is mala fide and initiated to victimize present petitioner. 6. Aforesaid contentions were opposed by learned counsel appearing for respondent nos. 1 to 3 and submitted that due to [2025:RJ-JP:42552] (3 of 4) [CW-15981/2025] administrative exigency and complaint of financial irregularities, the petitioner was placed under APO, but he submits that the petitioner has not informed them about her intention for retirement on 30.11.2025. 7. Learned counsel appearing for respondent no. 4 also opposed the writ petition and submitted that there were allegations of financial irregularities and corrupt practices against the petitioner and only on said charges the petitioner was removed from the post of Deputy Director, Ayurved Department, Bharatpur and respondent no. 4 was posted in place of petitioner. 8. Having considered the submissions of learned counsel for parties and on perusal of material placed on record, it is apparent on record that present petitioner was working as Deputy Director, Ayurved Department, Bharatpur and by order dated 03.09.2025 she was kept under awaiting posting orders (APO) and her headquarter was changed to the office of Director, Ayurved Department, Ajmer. The petitioner has referred a complaint made to the Chief Minister by unknown persons alleging that the petitioner is acting under the influence of Congress ideology and working prejudicial to interest of current ruling party. 9. Herein this case, the petitioner has filed an affidavit stating that she will retire herself on 30.11.2025, after attaining age of 60 years and she will not opt for extension after completion of age of 60 years. Today, it is 15.10.2025 and after 45 days the petitioner will attain age of superannuation. Not a single document is placed on record to show that any enquiry is contemplated against the petitioner. Similarly, no document is placed to show that material [2025:RJ-JP:42552] (4 of 4) [CW-15981/2025] irregularity found against petitioner which led to passing of order dated 03.09.2025. 10. This writ petition is filed after dismissal of stay application by Rajasthan Civil Services Appellate Tribunal, Jaipur. It is settled principle of law that if any administrative order is passed with mala fide intent, such as victimisation or harassment then the status quo order can be passed to prevent potential injustice. Normally, the Court does not interfere in any transfer order or order of APO but the petitioner is nearing retirement and after 45 days she intent to superannuate herself without seeking extension till 62 years, thus, it is a fit case wherein the writ petition is required to be allowed. 11. In view of discussion made hereinabove, the instant writ petition is allowed and order dated 03.09.2025 is hereby quashed and respondent nos. 1 and 3 are directed to continue the petitioner on the post of Deputy Director, Ayurved Department, Bharatpur till 30.11.2025 (superannuation). It is also made clear that petitioner will not take any financial decision during her posting as Deputy Director, Ayurved Department, Bharatpur till 30.11.2025.The petitioner is also not entitled for any extension of service beyond 30.11.2025. 12. With aforesaid, the writ petition and misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /181