MANJU BHASKAR Vs. RAJ CIVIL SERVICE APPEL

JUDGEMENT

(1.) PETITIONER, on promotion in own pay scale, was promoted as Head Master vide Anx.1 dt. 25/09/2009 and was posted in Government Girls Upper Primary School, Chandkothi, Tehsil-Rajgarh, District- Churu but before he joined on 30th September, 2009, the order dt. 25/09/2009, by which he was promoted, was modified by a subsequent order dt. 29/09/2009 (Anx.4) and in place of Chandkothi he was posted on promotion in Government Girls Upper Primary School, Bhainshali (Panchayat Samiti- Rajgarh) which was assailed by way of an appeal before the Service Tribunal but was rejected on 20th October, 2009.

(2.) COUNSEL submits that the petitioner once joined in pursuance to order dt. 25/09/2009 the subsequent order has been passed which is anti dated and only to adjust few persons who are near and dear of the authorities and there is no administrative reason or exigency of service in posting the petitioner even on promotion to a distant place in Panchayat Samiti, Rajgarh. The submission made is without substance for the reason that the petitioner has been posted on promotion as Head Master vide order dt. 25/09/209 but anyhow because of some administrative reason the order was modified by subsequent order dt. 29/09/2009 and in the instant case even as per petitioner's own saying the distance between the two institutions within same Pandhayat Samiti Rajgarh is of 45 Kilometers and on promotion it is open for the employer to post an employee where ever his services are required and the petitioner cannot have a choice of his posting.