(1.) The instant writ petition has been filed against the judgment and order of the Rajasthan Civil Appellate Tribunal dated 13.8.98, contained in Annexure. 7 to this petition, by which the appeal of the petitioner has been rejected against the impugned transfer order dated 24.9.97, contained in Annexure. 4 to the petition, by which the petitioner has been transferred from Barmer to Jalore district.
(2.) Petitioner is working in the Medical & Health Department of the State of Rajasthan. He was transferred from Barmer district to Jalore district by the impugned transfer order contained in Annexure. 4 to this petition. Being aggrieved and dissatisfied, he had challenged the order by filing Appeal No. 1217/1997 before the Appellate Tribunal, which has been rejected by the judgment and order dated 13.8.98. Hence this petition.
(3.) The main grievance raised by the petitioner before the Appellate Tribunal was that the wife of the petitioner was in service and as per the Transfer Policy, both the spouses, if in Government service, are required to be posted at the same place and, therefore, the impugned transfer order had been passed in flagrant violation of the Transfer Policy, and secondly, the transfer would adversely affect the education of the school-going children of the petitioner. The learned Tribunal considered the averments and rejected the appeal of the petitioner holding that the transfer order was passed in administrative exigency.
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