D.B. Civil Writ Petition No. 13139/2013. Case: Om Prakash Jajoo Vs Union of India. Rajasthan High Court
| Case Number | D.B. Civil Writ Petition No. 13139/2013 |
| Counsel | For Appellant: Pramendra Bohra, Adv. and For Respondents: R.S. Saluja and A.K. Rajvanshy, Advs. |
| Judges | Govind Mathur and Prakash Gupta, JJ. |
| Issue | Constitution of India - Article 226 |
| Judgement Date | November 24, 2014 |
| Court | Rajasthan High Court |
Order:
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To question correctness of the judgment dated 13.9.2013 passed by learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur, this petition for writ is preferred.
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The facts necessary for adjudication of the petition are that the Department of Comptroller & Auditor General of India is having two cadres; one of Auditor and another of Divisional Accountants. The post of Divisional Accountants is a part of the cadre of accountants and that is available with several departments under Government of Rajasthan, but controlled by the Comptroller & Auditor General of India and Principal Accountant General (Accounts & Establishment), Rajasthan, Jaipur. Suffice to mention that the Divisional Accountants posted in the offices of the Government of Rajasthan receive salary from consolidated funds of the State of Rajasthan and they are under immediate control of the head of the office where they are posted.
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By an order dated 28.10.1994 a decision was taken by the Government of India to transfer the cadre of the Divisional Accountants to the State Government but effect to that has not been given so far. By an another notification dated 20.2.2004 the Government of India after availing necessary approval from His Excellency the President of India reiterated its earlier decision to transfer the cadre of Divisional Accountants to the State Government. The correctness of the notification aforesaid was challenged by several employees either by way of filing writ petitions before this Court or by way of filing Original Applications before the Central Administrative Tribunal, Jaipur/Jodhpur. In one case i.e. Suresh Kumar & Ors. v. Union of India & Ors. (Original Application No. 52/2004) the Central Administrative Tribunal vide its order dated 20.2.2004 directed the respondents concerned not to take action in furtherance of the notification dated 20.2.2004. Pertinent to mention here that the main contention of the applicants in the original application aforesaid was that the transfer of the cadre of Divisional Accountants in the services of the State of Rajasthan shall amount to alteration of service conditions. In view of the direction aforesaid no effect was given to the notification dated 20.2.2004 too.
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A petition for writ (SB Civil Writ Petition No. 15296/2009) then was filed before Jaipur Bench of this Court by some of the Divisional Accountants working on deputation with assertion that they cannot be repatriated to their original post. In...
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