RAMAN LAL AHARI Vs. RCSAT AND ORS.

JUDGEMENT

(1.) PETITIONER while serving as Teacher Gr.III having remained posted at one place for almost four years in Govt. Upper Primary School Kalawat Panchayat Samiti kherwada (Udaipur) vide order dt.30/08/2010 (Ann.3) on being transferred within district Udaipur at Dhadhwali Jhadol, allegedly as per own saying at a distance of 150 Kms preferred appeal but was dismissed by learned Tribunal vide judgment dt.07/10/2010 (Ann.10), impugned herein.

(2.) MAIN thrust of Petitioner's Counsel is that his wife is working as ANM in medical & Health Department and posted at Primary Health Centre, Kalyanpur Rishabhdev (Udaipur) situated at a distance of 10 kms and while passing order impugned herein, Government Circular which the authority was expected to adhere while keeping the wife and husband at one place, has been violated. Counsel further contends that those employees engaged in the work of census, as per Government Circular are not to be disturbed from the place of their posting in census work; in such circumstances, the decision taken by Respondent for transferring the Petitioner vide order impugned is not legally sustainable.

(3.) THIS Court finds no error being committed which may call for interference in the order impugned. Transfer is otherwise an incidence of service and does not affect either of service conditions and one cannot claim any lien to continue at one place of posting for all times to come.