HARI KRISHNA ARYA Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS intra -court appeal is directed against the order dated 24.05.2011 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No. 4608/2011) filed by Petitioner -Appellant in the third attempt to challenge the validity of the transfer order dated 19.07.2010.

(2.) THE learned Single Judge has dismissed the writ petition by a short order that reads as under:

(3.) IT is noticed that the impugned transfer order was passed on 19.07.2010 (Annex. 7). The Petitioner attempted to challenge the same by way of an appeal before the Rajasthan Civil Services Appellate Tribunal (Appeal No. 1713/2010) that came to be disposed of on 16.08.2010 (Annex. 8). The Tribunal, though found no case for interference in the light of the relevant decisions of the Hon'ble Supreme Court but, gave a liberty to the Petitioner to make representation and, while directing the Respondents to decide the representation within two months, stayed operation of the transfer order until then. The representation so made by the Petitioner was, however, rejected by the Director, Secondary Education, Bikaner on 21.10.2010 (Annex. 9). The Petitioner, thereafter, filed a writ petition to this Court (CWP No. 10036/2010) that was entertained in the first place on 01.11.2010 but was ultimately dismissed on 18.04.2011 (Annex. 11) with the observations that the transfer was an incident of service and if the Petitioner was having grievance, it was open for him to make representation to the authority concerned; and with the further observations that upon making of representation, the same shall be considered objectively within a period of ten days thereafter. The Petitioner, again, made a representation that was also rejected, now by the Commissioner, Secondary Education, Rajasthan, Bikaner by the order dated 11.05.2011 (Annex. 14) with the observations, inter alia, that the basic work assigned to the Petitioner was of teaching and administration of the school and it was required of him to render the services wherever required by the Government. It has also been observed that there was necessity of rendering better education in the rural areas. The Petitioner, again, filed the writ petition which has been dismissed by the order sought to be questioned in this appeal, as reproduced hereinabove.