1 S.B. CIVIL WRIT PETITION NO.659/2006 (Bhawan Singh Chauhan vs. The State of Rajasthan & Ors.) Date of Order :: 24.04.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Bharat Singh on behalf of Mr.Shambhoo Singh, for the petitioner. Mr.Rajesh Choudhary, for the respondents. By way of filing the present writ petition, the petitioner is challenging the order dated 28th January, 2006 (Annexure-6) passed by the District Collector, Dungarpur by which the petitioner was transferred from one section to another section of Collectorate Dungapur. The grievance of the petitioner is that he is regularly selected candidate for the post of Personal Assistant and he was promoted through recommendation of Departmental Promotion Committee in accordance with the Rules. But only to dislodged the petitioner and to accommodate respondent No.4-Shri Hamendra Kumar Chobisa, who is working on the post of stenographer, the order impugned has been passed. Admittedly, the petitioner cannot question any transfer made on administrative exigency, but certainly he can raise objection 2 if he is dislodged due to the reason that lower cadre employee posted upon the higher post. It is obvious from Annexure-6 that Hamendra Kumar Chobisa is not Personal Assistant and he is holding post of stenographer, whereas, petitioner is regularly promoted Personal Assistant, therefore, to accommodate lower cadre person, petitioner cannot dislodged from the post upon which he was working prior to passing impugned order dated 28th January, 2006. In this view of the matter, the order dated 28th January, 2006 (Annexure-6) by which lower cadre employee Hamendra Kumar Chobisa has been given posting in place of petitioner which is illegal and arbitrary action of the respondents. Hence, the writ petition is allowed. The order impugned dated 28th January, 2006 (Annexure-6) is quashed and set aside. It is also made clear that in the event of any administrative exigency respondents are free to pass an order of transfer of the petitioner but at the same time no lower cadre person should be accommodated against higher post. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-