VIMLESH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) IN this petition, filed under Article 226 of the Constitution of India, petitioner has challenged the validity of the order dated March 8, 1982, passed by the Chairman, Rajasthan State Social Welfare Advisory Board, Respondent No. 3, whereby the petitioner has been transferred from the post of Mukhya Sewika (Chief Welfare Organiser) at Samaj Kalyan Yojana, Balotra, to the said post at Samaj Kalyan Yojana, Raisinghnagar.

(2.) AFTER obtaining M.A. degree in Sanskrit from Sagar University in the year 1970, the petitioner joined as Chief Welfare Organiser in the Samaj Kalyan Pariwar and Bal kalyan Yojana at, Sikar in District Jaipur in the year 1976. The petitioner was sent for training to Baroda and after completing the said training, she was posted as Chief Welfare Organiser in Samaj Kalyan Pariyojan Samiti in the year 1978. While she was working on the said post the impugned order dated March 8, 1982 was passed whereby the petitioner was transferred from Samaj Kalyan Yajan Balotra to Samaj Kalyan Yojana Raisinghnagar.

(3.) IN the writ petition, the petitioner has challenged the aforesaid order for her transfer on the ground that it has been passed malafide. In this regard, the case of the petitioner is that staff of the Rajasthan State Social Welfare Advisory Board, at Balotra were not paid their salary regularly for the past many months and since the salary of the employees has not been paid for a number of months, the employees formed a Union on January 15, 1982. The petitioner was unanimously elected as the President of the said Union and she was authorised by the members of the Union to fight their Case for payment of salary, which was due from June to December 1981. At a meeting of the staff employees held on February 20, 1982 and it was decided that the 5 members of the staff, including the petitioner, would sit on hunger strike from February 25, 1982 to March 1, 1982. In pursuance of the aforesaid decision, the petitioner and four other employees, namely, Smt. Ayodhya Devi, Smt. Maya Devi, Smt Rukmani Devi and Smt. Gulab Kanwar sat on hunger strike on February 25, 26, 27, 28 and March 1, 1982, respectively. The afore said hunger strike created lot of public concern as it had received wide publicity. On February 27, 1982, it was decided that if salaries were not paid the petitioner would go on hunger strike till death on March 2, 1982 In pursuance of the said decision, the petitioner commenced the hunger strike on March 2, 1982. On March 5, 1982, at about 6 p.m., Prashashak, Samaj Kalyan Pariyojana Samiti, Balotra, respondent No. 4, and Sub Divisional Officer Balotra, respondent No. 5, along with Shri K.B. Sharma, the representative of the Chairman, Rajasthan State Social Welfare advisory Board met the petitioner and the other employees of the Community Development Project, Balotra, and requested them to give up the hunger strike and assured her that salary for the period December, 1981 would be paid to the employees on March 5, 1982 and that the salary for the months of January and February would be paid by the middle of March, 1982. In view of the aforesaid assurance given by respondent No. 4 and 5 and Shri K.B Sharma, the petitioner and other employees gave up the hunger strike on March 5, 1982 at about 6 p. m. and salary for the period up to December 1981 was paid to the employees on the night of March 5, 1982. The case of the petitioner is that as a result of the aforesaid hunger strike resorted to by the petitioner and other employees, namely, Smt. Ayodhya Devi, Smt. Maya Devi, Smt. Rukmani Devi and Smt Gulab Kanwar, respondent Nos. 4 and 5 and Shri Krishan Bhagwan Sharma became seriously annoyed with the petitioner and her colleagues who had participated in the hunger strike and that respondent No. 4 and Shri K. B. Sharma told the petitioner on that very day that since the petitioner had annoyed the State Government by organising the Union and taking leadership in the matter of the hunger strike and taking the matter to the press and had publicly criticised the Government, she should be ready for the consequences. According to the petitioner shortly after the aforesaid threat the impugned order dated March 8, 1982, was passed where by the petitioner as well as Smt. Ahyodhya Devi, Smt. Maya Devi and Smt. Gulab Kanwar, who had gone on hunger strike, were transferred from Balotra to other places. The case of the petitioner is that the aforesaid transfers have been made with a view to penalise the petitioner and her other colleagues, who had taken part in the hunger strike and Union activities.