KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By these writ petitions, the petitioners have challenged the common order dated 13.2.2009 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in different appeals whereby the common transfer order dated 27.8.2007 of petitioners Madan Lal, Mangal Ram Yadav, and Tara Chand Kalra, transfer order dated 14.9.2007 of petitioner Smt. Raj Bala Yadav, transfer order dated 5.10.2007 of petitioner Smt. Sukhdev Kaur whereby they have been transferred from upper primary school to primary school inter alia on the ground that their original place of posting wrongly shown as primary school and further without keeping in view the fact that they are B.Ed. and B.S.T.C. which is the academic qualification for appointment of the Teacher Gr. III in primary school under Rule 266 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter to be referred as Rules of 1996).

(2.) Since the Tribunal has decided all the aforesaid appeals by keeping in view the similar nature of the order challenged on common ground, therefore, these writ petitioners are also being conveniently disposed of by this common order.

(3.) The Tribunal vide its order dated 13.2.2009 by majority of 2:1 dismissed the appeal filed by the petitioner on the ground that the transfer is an incident of service and the order of transfer them from upper Primary school to primary school is not contrary to the provision of law. The majority members have further held that the said judgment is not with regard to the posting of the teachers of B.Ed. qualification holder in primary school.