VISHWAJEET SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) By way of this writ petition, the petitioner has approached this Court assailing the order (Annex.6) dated 11.9.2015 whereby, the petitioner, who is working as PTI Gr.III in the Secondary Education Department, was transferred from Govt. Upper Primary School, Subhashpura, Bikaner to Govt. Secondary School, Hafasar, Loonkaransar.

(2.) The order has been assailed on the ground that the same does not provide that the transferred employee would be entitled to any TA.

(3.) Learned counsel for the petitioner placing reliance on the Appendix 7 of the Rajasthan Travelling Allowance Rules, 1971 submits that as per the Appendix, it is mandatory to mention in the order that the transfer of the concerned employee has been ordered in public interest or for administrative exigencies. Failure to do so would give rise to an assumption that the transfer is being made at the request of the employee and such employee would thereafter not be entitled to claim transfer allowance. Learned counsel submits that it is not mentioned in the impugned transfer order that the transferred employee would be entitled to transfer allowance. Thus, as per him, it has to be presumed that the transfer was made at the request of the employee concerned. Learned counsel contends that admittedly the petitioner made no request for his transfer and therefore, it is evident that the impugned order is illegal and has been passed with total ignorance to the mandatory requirement of the Appendix of the Rules of 1971. He submits that officials of the Education Department are in the habit of passing such mechanical transfer orders, which is resulting into institution of large number of writ petitions before this Court or appeals before Rajasthan Civil Services Appellate Tribunal for assailing such illegal orders. He thus prays that the writ petition deserves to be accepted and the impugned transfer order should be quashed and set aside.