AI Structured Summary
Not yet generated for this judgment
Judgment
I.A. No.01/2020
Learned counsel for the petitioners, Mr. Acharya, submits that he has moved an application seeking withdrawal of writ petition qua petitioner No.3-
Sukh Ram S/o Heera Ram.
For the reasons stated, the application is allowed; the writ petition qua petitioner No.3-Sukh Ram S/o Heera Ram is permitted to be withdrawn.
The amended cause title, filed by learned counsel for the petitioner has been taken on record.
S.B. Civil Writ Petition No.2084/2020
The facts relevant for the present writ petition are that petitioner Nos.1 to 4, viz., Bagh Singh S/o Gajendra Singh; Ramlal S/o Rughnath Ram; Babu
Singh S/o Ratan Singh; and Ashu Ram S/o Lala Ram, working as driver with respondent-Corporation in Barmer Depot, were asked to discharge their
duties in Abu Road Depot vide order dated 31.10.2019.
In furtherance of above order, they were relieved by order dated 02.11.2019, issued by Chief Manager, Barmer Depot to discharge their duties in
Abu Road Depot.
Having worked for some time at Abu Road Depot vide separate orders of difference dates, all the petitioners were sent back to Barmer Depot.
Since then, they have been working in Barmer.
On 30.01.2020, the Zonal Manager, Jodhpur passed an order requiring all the drivers who have not joined at the new place of postings despite the
order dated 31.10.2019 issued by him, to immediately give their joining. A directed was given to all the Chief Managers of the depots to relieve such
drivers. The order dated 30.01.2020, reads as under:
“ , ,
. ./ /2020/662 30.01.2020
,
. . . . ,
/ / /
-
Â
, 69 31.10 .2019
() 2019
31.10.19
,
03.02.2020 - 02
/-
,
â€
Consequent to above order of the Zonal Manager, the Chief Manager of Barmer Depot relieved the petitioners with a direction to go to Abu Road
vide relieving order dated 03.02.2020.
Petitioners have approached this Court, inter-alia, challenging their respective relieving orders dated 03.02.2020, which have been issued in
furtherance of the order dated 30.01.2020.
Mr. Acharya, learned counsel for the petitioners submitted that the petitioners have obeyed the directions issued by the Zonal Manager and they
discharged their duties at Abu Road Depot, pursuant to order dated 30.10.2019, and then came back to Barmer under the orders of concerned depot
Managers. He argued that the communication dated 30.01.2020, issued by the Zonal Manager, Jodhpur was not meant for petitioners and thus,
respondent No.3 has committed an error in sending them back to discharge their duties at Abu Road.
Mr. Joshi, learned counsel appearing for respondents, argued that the petitioners have not made out a case, warranting interference inasmuch as the
orders under consideration are not transfer orders and they are merely short-term arrangement looking to the workload/tourist season.
He was, however, unable to justify the action of respondent No.3 in relieving the petitioners from Barmer to discharge their duties in Abu Road, in
the above noted factual matrix.
Heard.
A perusal of order dated 03.02.2020-the relieving order, clearly shows that respondent No.3 has not only made a reference of order dated
30.01.2020, issued by the Zonal Manager, Jodhpur Zone, but as a matter of fact has issued the same pursuant to order dated 30.01.2020.
A simple look at the order dated 30.01.2020 leaves no scope for doubt that the same was intended for those drivers who had not joined at new
place of posting despite the order dated 31.10.2019.
Indisputably, the present petitioners have discharged their duties at Abu Road, pursuant to order dated 31.10.2019, whereafter they have come
back to Barmer Depot, on the strength of validly issued travel passes or orders, as such the order dated 30.01.2020 cannot be applied to the
petitioners. Respondent No.3 has issued relieving orders to the petitioners requiring them to go to Abu Road, without properly understanding the import
and purport of the order.
The writ petition is, thus, allowed; the impugned relieving orders pursuant to orders issued by respondent No.3 are hereby quashed. The petitioners
shall be permitted to discharge their duties in Barmer Depot.
Needless to observe that respondents shall be free to pass appropriate transfer order(s) or ad-hoc posting order(s) in case of administrative
exigency and necessity.
Stay application stands disposed of accordingly.