AKHTAR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks to challenge his transfer/posting orders dated 20.01.2006 (Annex.6) and 08.02.2006 (Annex.7); and the order dated 29.08.2007 (Annex.1) passed by the Rajasthan Civil Services Appellate Tribunal, Bench Jodhpur rejecting his appeal [No. 68/2006-124/2006].

(2.) The petitioner has stated himself with being aggrieved of the order dated 29.08.2007 whereby the Tribunal has proceeded to observe that appeal filed by him was not within its jurisdiction but at the same time has proceeded to dismiss the appeal on merits saying that transfer of the petitioner was made on administrative exigency; and has challenged the transfer/posting orders dated 20.01.2006 and 08.02.2006 on the facts and in the circumstances as set out hereinafter.

(3.) According to the petitioner, he was appointed on the post of Lower Division Clerk in the year 1978 and thereafter was promoted to the post of Upper Division Clerk; and was discharging his duties at Municipal Council, Makrana District Nagaur without any cause of complaint. It has been averred that the petitioner is an orthopaedic handicapped person having 70% disability in his right upper limb (certificate - Annex.2); that the respondent department issued an order dated 08.07.2005 whereby the petitioner was transferred from Municipal Council, Makrana to Municipal Board, Nagaur and in compliance of this transfer order the petitioner, after getting relieved from Municipal Council, Makrana reported to join at Municipal Board, Nagaur on 17.09.2005 but the concerned authority at Nagaur refused to take him on duty stating that there was no vacant post of UDC available thereat (communication dated 17.09.2005 - Annex.4); that thereafter the petitioner represented his grievance before the competent authority of the respondent department to post him back at Makrana considering his disability; and that the respondent authority passed an order dated 02.12.2005 (Annex.5) whereby the petitioner was posted back at Makrana.