RATAN LAL YADAV Vs. RCSAT AND ORS.

JUDGEMENT

(1.) Petitioner while serving as Teacher Gr.III since July, 2004 in Government Educational School Alwada on being transferred to Malpur situated at a distance of 70 kms as alleged, within same district Alwar, vide order dt.16/09/2010 preferred appeal -2772/10 before the learned Tribunal, which after hearing Appellant's counsel, issued notices but declined to grant interim relief vide order dt.28/10/2010 which has been assailed herein.

(2.) Counsel submits that Petitioner is going to retire in October, 2011 and this solitary request could have been considered for grant of interim relief. The submission made by Counsel is without merit for the reason that the Petitioner as per his own saying, on having remained posted at Alwada (Alwar) since 02/07/2004 has been transferred at a distance of 70 kms within same district vide order impugned, which ordinarily was not required to be interfered with while considering matter for interim relief on a solitary ground of his retirement being due within next year. This Court is not inclined to entertain such a petition. Transfer is an incidence of service and even no lien can be claimed by Government servant to remain posted at one place. It is not the case of imputing either allegations against the authority which has passed the order of transfer impugned; or asserting violation of any statutory rules. This Court does not find any manifest error which may warrant interference in the orders impugned

(3.) Consequently, the writ petition is dismissed. The office is directed to send a copy of this order to the learned Tribunal.