CW/13477/2026 of ASHOK CHOUHAN S/O SH. BHANWARLAL CHOUHAN Vs STATE OF RAJASTHAN on 29 July 2026

Order

29/07/2026

1. The learned counsel for the petitioner submits that the petitioner is a low paid employee and getting the payment fixed at L-4. He further submits that the petitioner has been transferred from Bundi to Jaisalmer at a far place. He further submits that at the Municipal Council, Bundi, there are twenty posts of fireman lying vacant and no one has been transferred against the post which the petitioner is holding presently. He also submits that the petitioner has preferred an appeal bearing Appeal No.2393/2026 before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short ‘the Tribunal’) so as to challenge the impugned transfer

(2 of 3) [CW-13477/2026] order dated 10.07.2026, however, for want of chairman and sufficient number of members in the Tribunal, the first hearing of the said appeal has not taken place so far.

2. The learned counsel for the petitioner further submits that as per the order dated 22.07.2026, issued by the Registrar of the Tribunal, there is no bench to hear the matters pertaining to transfer as the transfer matters are to be heard by a two members bench.

3. Heard and considered the submissions made by the learned counsel for the petitioner.

4. The Government has adopted sluggish approach in making the appointment for chairman and number of members at the Tribunal and because of which the hearing of the appeals is being delayed. It is obligatory duty of the welfare state that whenever a statute provides legal remedy to its employees then they should also make sincere efforts that that legal remedy, as provided under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, achieves its object by hearing the appeals preferred by the employees, but the State Government is failing in its duties in making appointment for the chairman and number of members in the Tribunal, well in time.

5. It has been brought to the notice of the Court that after transfer orders of the employees in bulk, a large number of appeals have been preferred by the employees before the Tribunal but, because of non constitution of bench for hearing the matters of transfer, the hearing of appeals pertaining to transfer matters, is held up. In the last week, the Court requested the learned Advocate General to instruct the State Government to make the

(3 of 3) [CW-13477/2026] appointment on the vacant posts of chairman and so also the number of members of the Tribunal, then the learned Advocate General stated that he will intimate to the Government regarding concern shown by the Court and also stated that by 27.07.2026, something positive will come out but, till date no appointment to the post of chairman or number of members at the Tribunal, has been made by the Government. In such circumstances, so as to ensure that the employees of the State Government or its functionaries may not be deprived of the legal remedy as provided to them by a statute, the Court is entertaining the writ petition directly under Article 226 of the Constitution of India during pendency of the appeals preferred by the petitioner before the Tribunal.

6. Taking into consideration the submissions made by the learned counsel for the petitioner and so also the present status, regarding hearing of the appeals by the Tribunal, the Court deems just and proper to dispose of the present writ petition by staying the effect and operation of the impugned transfer order dated 10.07.2026 qua the present petitioner till the first effective hearing of the appeal bearing No.2393/2026 pending before the Tribunal and effective order on the stay application filed along with it.

7. The respondents shall allow the petitioner to continue at the Municipal Council, Bundi.

8. The stay application and pending application, if any, also stand disposed of. (GANESH RAM MEENA),J 16/ARTI SHARMA