SURENDRA KUMAR VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE identical questions of fact and law are involved in all these writ petitions, they are being disposed of by a common order.

(2.) ALL the petitioners were appointed as Teacher Grade III and they were asked to furnish undertaking that they would work for 10 years at their respective place of posting and would not make request for transfer to any other district. In case such request for transfer is made before expiry of 10 years, they would deposit Rs. 20,000/-with the State Treasury. ALL the petitioners executed the bonds incorporating aforequoted undertaking.

(3.) FROM the perusal of sub-section (8a) it is evident that the State Government possesses wide powers to transfer an employee. Now it is to be seen as to whether in view of powers provided in sub-section (8a) of section 89 of Act 1994 the State Government was justified in asking the employees to submit bond incorporating undertaking that they will not make request for transfer till the expiry of 10 years from their date of joining the service? Whether condition No. 3 of the bond is unconstitutional, unfair, unreasonable and opposed to public policy.