MAYA DEVI MEENA Vs. DIRECTOR SECONDARY EDUCATION, RAJASTHAN

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner challenging the transfer order dtd. 8/12/2021 as well as the order dtd. 28/12/2021 passed by the Rajasthan Civil Services Appellate Tribunal, whereby the appeal filed by the petitioner against the transfer order was dismissed.

(2.) Brief facts of the case are that the petitioner who is working on the post of Principal, Government Senior Secondary School, Moti Katla, Jaipur was transferred to Government Senior Secondary School, Narayana, Jaipur vide order dtd. 25/9/2021, which was challenged by the petitioner by filing an appeal No.4789/2021 before the Rajasthan Civil Services Appellate Tribunal (hereinafter to be referred as "Tribunal") in which the learned Tribunal vide order dtd. 27/10/2021 stayed operation of the order dtd. 25/9/2021 with liberty to the Department to post the petitioner in District Jaipur without change in the Treasury Office, as only 11 months period was left in the retirement of the petitioner. In compliance of the order dtd. 27/10/2021 passed by the Tribunal, the Department reconsidered case of the petitioner for giving her posting in District Jaipur without change in the Treasury Office and passed the order dtd. 8/12/2021, by which, the petitioner was posted at Government Senior Secondary School, Barodiya, Virat Nagar, District Jaipur on the post of Principal, however, she was not posted in Jaipur block as no post of Principal was lying vacant/available in block Jaipur. The petitioner challenged the order dtd. 8/12/2021 before the Tribunal by filing appeal No.6267/2021, which was dismissed by the Tribunal vide order dtd. 28/12/2021. Hence, the present writ petition has been filed by the petitioner.

(3.) Counsel for the petitioner submits that the order dtd. 8/12/2021 has been passed by the respondents in an arbitrary manner and with malafide intention just to accommodate the respondent No.2. Counsel further submits that at the time of filing of appeal, only 11 months' time remained in retirement of the petitioner. Counsel further submits that the post of Principal is still lying vacant in Jaipur City, however, the respondents have not adjusted the petitioner in Jaipur, City.