SONIYA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dtd. 28/1/2021 passed in S.B. Civil Writ Petition No.948/2021. The appellant-original petitioner was appointed as Teacher Grade-III. She had challenged her order of transfer which was within the same district. Her first challenge was made before the Rajasthan Civil Services Appellate Tribunal when she failed to get stay, she approached the learned Single Judge who dismissed the petition with heavy cost.

(2.) Insofar as the dismissal of the petition is concerned, we are not inclined to interfere. The petitioner holds transferable post. She has been transferred within the same district which in any case is not beyond the transfer jurisdiction. Her contention that as per the order of appointment there is a ban on transfer within first three years was rightly interpreted by the learned Single Judge as to preventing the appointee from seeking transfer and not from the administration causing her transfer if in the interest of administration so required.

(3.) Having said that the order for imposition of cost need to be deleted. In the result the direction contained in the impugned judgment for payment of cost is set aside. Subject to this modification judgment of the learned Single Judge is sustained. Appeal is disposed of.