REGENT COMPUTRONICS PVT. LTD.

Jagdish Chandra Ozha Appellant

V/S

STATE OF RAJASTHAN Respondents

Referred Judgements :-

UNION OF INDIA V. H.N. KIRTANIA [REFERRED TOSC]
CALCUTTA GAS COMPANY PROPRIETARY LIMITED VS. STATE OF WEST BENGAL [REFERRED TO]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED TOSC]
TARA CHAND KHATRI VS. MUNICIPAL CORPORATION OF DELHI [REFERRED TOSC]
MANI SUBRAT JAIN VS. STATE OF HARYANA [REFERRED TO]
SUKHWINDER PAL BIPAN KUMAR GANGA BISHAN SUBH KARAN INDER MAL GOPI RAM VS. STATE OF PUNJAB [REFERRED TO]
STATE OF KERALA VS. A LAKSHMIKUTTY [REFERRED TO]
SHIVAJIRAO NILANGEKAR PATIL DR MAHESH MADHAV GOSAVI VS. MAHESH MADHAV GOSAVI:SHIVAJIRAO NILANGEKAR PATIL [REFERRED TO]
STATE OF KERALA VS. K G MADHAVAN PILLAI [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. ATMARAM SUNGOMAL POSHANI [REFERRED TOSC]
SHILPI BOSE VS. STATE OF BIHAR [REFERRED TOSC]
STATE OF ORISSA VS. RADHESHYAM NANDA [REFERRED TOSC ;]
BANK OF INDIA VS. JAGJITSINGHMEHTA [REFERRED TOSC]
INDIAN ADMINISTRATIVE SERVICE S C S ASSOCIATION U P NIROTHILAL GUPTA VS. UNION OF INDIA [REFERRED TO]
M SANKARANARAYANAN IAS VS. STATE OF KARNATAKA [REFERRED TO]
UNION OF INDIA VS. S L ABBAS [REFERRED TOSC]
UNION OF INDIA VS. GANESH DASS SINGH [REFERRED TO;]
STATE OF UP. V. DR. R.N. PRASAD [REFERRED TO]
N K SINGH VS. UNION OF INDIA [REFERRED TOSC AND]
SULEKH CHAND AND SALEK CHAND VS. COMMISSIONER OF POLICE [REFERRED TO]
CHIEF GENERAL MANAGER TELECOM N E TELECOM CIRCLE VS. RAJENDRACH BHATTACHARJEE [REFERRED TO ;]
STATE OF MADHYA PRADESH VS. S S KOURAV [REFERRED TO]
J N BANAVALIKAR VS. MUNICIPAL CORPORATION OF DELHI [REFERRED TO]
ABANI KANTA RAY VS. STATE OF ORISSA [REFERRED TO]
BIBI SAYEEDA VS. STATE OF BIHAR [REFERRED TO]
AKHIL BHARTIYA SOSHIT KARAMCHARI SANGH VS. UNION OF INDIA [REFERRED TO]
ALL INDIA STATE BANK OFFICERS FEDERATION NATIONAL FEDERATION OF STATE BANK OFFICERS VS. UNION OF INDIA [REFERRED TO]

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner for issuing direction to the respondents to transfer the petitioner and his wife to Jodhpur city area in strict compliance with the transfer policy issued by the respondents for the year 1996 -97.

(2.) PETITIONER and his wife are Teachers Gr. II and had been posted in 1992 and 1994 respectively in the rural area i.e. in villages Khara Bera school. According to the petitioner, the transfer policy issued by the respondents contained in Annex. P/l entitles him and his wife to be transferred to city area. Petitioner has also raised the grievances that a large number of persons, junior to petitioner and his wife have been posted in city area ignoring the claim of the petitioner. The names of such persons have been given in Ground (iii) to the petition, though the said persons had not been impleaded as respondents. Petitioner further contends that not transferring him and his wife to the Jodhpur city area amounts to discrimination and violates the mandate of Article 14 of the Constitution of India. There are also allegations of malafide against the respondents, though no respondent has been impleaded by name.

(3.) THE issue of transfer and posting has been considered time and again by the Apex Court and entire law has been settled by catena of decisions by the Apex Court and it is entirely upto the competent authority to decide when, where and at what point of time, a public servant is to be transferred from his present posting. Union of India v. S.L. Abbas : (1993)IILLJ626SC ; Shilpi Bose v. State of Bihar : (1991)IILLJ591SC ; U.O.I. v. N.P. Thomas : (1994)IIILLJ583SC ; Chief Manager (Tel) N.E. Telecom Circle v. Rajendra Ch. Bhattacharjee : [1995]1SCR360 ; State of UP. v. Dr. R.N. Prasad 1995 Supp (2) SCC 151; Union of India and Ors. v. Ganesh Dan Singh 1995 Supp (3) SCC 214; N.K. Singh v. Union of India and Ors. : (1995)ILLJ854SC and Abani Kante Ray v. State of Orissa 1995 Supp (4) SCC 169.

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JAGDISH CHANDRA OZHA Vs. STATE OF RAJASTHAN

Referred Judgements :-

JUDGEMENT

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