ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner, working as Lecturer in school education, seeks to question the order dated 31.07.2007 (Annex.1) whereby he has been transferred from Government Senior Secondary School (Boys), Purani Abadi, Sriganganagar to village Binjbayala, District Sriganganagar; and the order dated 08.08.2007 (Annex.4) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur dismissing his appeal (No. 1316/2007) against the said transfer order.

(2.) The petitioner has averred that the respondent No. 3 Amrit Kaur moved an application requesting her transfer from Government Girls Senior Secondary School, Sadulshahar, District Sriganganagar to the Government Girls Senior Secondary School at Sriganganagar on the vacant post; and the respondents, while accepting her request passed the transfer order but instead of posting her at the Government Girls Senior Secondary School, Sriganganagar, proceeded to post her at the Government Senior Secondary School (Boys), Purani Abadi, Sriganganagar vice the petitioner; and the petitioner has been transferred to a very remote area in village Binjbayala, District Sriganganagar. According to the petitioner, his wife is also working as Primary Teacher at Government Primary School, 15Z, Sriganganangar, about 8 kms. away from the township of Sriganganagar; and their one daughter is studying in senior classes at Sriganganagar. The petitioner has averred that he made representation before the respondent No. 2 on 10.08.2007 (Annex.3), which has yet not been decided; that left with no option, he approached the Rajasthan Civil Services Appellate Tribunal by filing appeal No. 1316/2007 that has been dismissed in limine by the order dated 08.08.2007 (Annex.4).

(3.) Assailing the orders aforesaid, the petitioner has urged that there is no administrative exigency in transferring the petitioner; that the respondent No. 3 requested for her transfer from Government Girls Senior Secondary School, Sadulshahar to the Government Girls Senior Secondary School, Sriganganagar against a vacant post but due to administrative error she had been posted at Government Senior Secondary School (Boys), Purani Ababi, Sriganganagar; and in the result, the petitioner has been transferred and posted to a remote area; that transfer of the petitioner remains illegal and unjustified; that as per the policy decision of the Government specifying that when husband and wife are in service they shall be retained at the same place, the petitioner's transfer is not justified; and that the petitioner's daughter is studying at Srigangangar and in the mid of the session cannot be shifted to the other place. The petitioner has raised the grievance that his representation has also not been considered and the Tribunal has failed to appreciate the questions involved in the case.