SHANTI LAL CHHIPA Vs. RAJASTHAN CIVIL SERVICE

JUDGEMENT

(1.) The petitioner, working as a Patwari with the respondents Nos. 2 to 4, has filed this writ petition being aggrieved of the order dated 06.08.2007 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 1219/2007 whereby his appeal against the impugned transfer order dated 15.07.2006 has been dismissed in limine.

(2.) The petitioner has averred in the writ petition that while working at Chhila (Tehsil Phalodi, District Jodhpur), he was transferred to Jamba (Tehsil Phalodi, District Jodhpur) by the order dated 15.07.2005 (Annex.1). According to the petitioner, he joined his duties at Jamba in pursuance of the said order Annexure-1 but then, he was transferred from Jamba (Tehsil Phalodi) to Jambheshwar Nagar (Tehsil Phalodi) by the order dated 19.11.2005 and he joined at his new place of posting at Jambheshwar Nagar. The petitioner has raised the grievance that within a short period of eight months, he has been served with the impugned transfer order dated 15.07.2006 (Annex.3) whereby he has been transferred from Jambheshwar Nagar (Tehsil Phalodi, District Jodhpur) to Tena (Tehsil Shergarh, District Jodhpur).

(3.) The petitioner earlier challenged the order dated 15.07.2006 by way of writ petition No. 5064/2006 that was admitted for consideration by this Court on 08.09.2006 and way of interim order, the operation and effect of the impugned order dated 15.07.2006 was stayed. The said writ petition was ultimately decided on 17.07.2007 when, in view of the objection taken by the respondents in the reply about availability of alternative remedy by way of filing appeal before the Tribunal, the writ petition was permitted to be not pressed so as to enable the petitioner to take resort to the alternative remedy in accordance with law.