NARAYAN LAL GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner, a teacher Grade-II, seeks to question the order dated 28.09.2004 (Annex.7) whereby he has been transferred from Asind-Bhilwara to Shyampura-Bhilwara and the order dated 10.01.2007 (Annex.12) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur dismissing his appeal (No. 1723/2004) against the said transfer order.

(2.) Briefly put, the averments of the petitioner in this writ petition are that he belongs to OBC and is permanent resident of village Athan Tehsil Asind District Bhilwara; that he has put in 31 years of service out of which he has served for 25 years in rural areas with full dedication and integrity and carries an unblemished career always delivering excellent results; that he remained posted at Bhadsi from March 1991 to July 1991, at Akarsada from the year 1991 to the year 1996, at Parasoli from the year 1996 to the year 1997; that he was transferred to the present place of posting at Secondary School, Asind by the order dated 22.06.1997; that he has been discharging his duties and responsibilities at Asind to the entire satisfaction of his superiors and has delivered excellent results as certified by the Head Master of the school (certificate dated 29.09.2004 - Annex.2); and that besides the dedicated and devoted teaching, the petitioner also made efforts at plantation and earned appreciation from Mahaveer International. The petitioner has further averred that his wife Smt.Sayari Devi is President of Block Mahila Congress Committee, Asind and has been taking active part in the activities of Congress Party; that she also took active participation in the election compaign of the party candidate in the elections held in the year 2003 for Rajasthan Vidhan Sabha and because of those efforts, the present sitting MLA Shri Hangami Lal Mewara won the election. According to the petitioner, though he had not participated in any political activity but because of active participation of his wife in politics, he is treated closed to the said MLA belonging to the party in opposition in Rajasthan Vidhan Sabha and, as such the MLA and MP from Bhilwara have specifically recommended to the Education Minister that the petitioner be removed and transferred. The petitioner has annexed a copy of such desire as Annexure-4.

(3.) The petitioner has stated the grievance that it was unfortunate that he has been transferred by the order dated 28.09.2004 issued by the Dy. Director(Secondary), Education, Ajmer Mandal, Ajmer from Secondary School, Asind (Panchayat Samiti and Tehsil Asind) to the Middle School, Shyampura (Panchayat Samiti, Mandalgarh) which is at a distance of about more than 200 kms. from the home village of the petitioner and from the present place of posting. The petitioner has asserted that as the teachers were transferred in bulk due to political reasons without there being any administrative exigency and under the influence of the persons of the present ruling party, the sitting MLA of Asind Shri Hangami Lal Mewara has requested the Education Minister to revoke the impugned transfer order in respect of the petitioner and other teachers by his letter dated 04.10.2004(Annex.8). The petitioner has also referred to a recommendation for cancellation of transfers as made by the Member of Panchayat Samiti, Asind who is Chairperson of Education Standing Committee (Annex.9) and of a recommendation made by Mahaveer International on 02.10.2004 for cancellation of transfer of the petitioner (Annex.10). (The averments in the writ petition on marking of Annexures carry typographical errors).