KALPNA JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against order dated 25.7.19 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant, assailing the legality of order dated 11.7.19 issued by the District Education Officer (Headquarter), Secondary Education, Bhilwara, transferring the appellant from Government Primary School, Bawariyo Ka Khera (Khari Ka Lamba-Hurda) to Government Senior Secondary School, Raghunathpura (Asind), has been dismissed.

(2.) The appellant was initially appointed on the post of Teacher Gr.III on 14.2.19 pursuant to the recommendations of the District Establishment Committee, Bhilwara under the provisions of Rajasthan Panchayati Raj Rules, 1996. The appellant's services were transferred to the Department of Education, Government of Rajasthan in exercise of the power conferred under Rule 6D of Rajasthan Education Subordinate Service Rules, 1971 (for short "the Rules of 1971"?) and accordingly, vide order dated 1.7.16, she was transferred from Government Middle School, Patio Ka Khera to Government Senior Secondary School, Thala, Raipur. However, on the representation being made by the appellant, raising the personal grievance, the said order was withdrawn vide order dated 6.7.16, issued by the Block Elementary Education Officer, Panchayat Samiti, Hurda. Then, the appellant, who was posted at Government Primary School, Bawalo Ka Khera, was transferred to Government Primary School, Bawariyo Ka Khera. Later, vide order dated 9.6.19, the appellant's services were again transferred to the Department of Education in exercise of the power conferred under Rule 6D of the Rules of 1971 and accordingly, she was transferred from Government Primary School, Bawariyo Ka Khera to Government Senior Secondary School, Raghunathpura (Asind). Aggrieved thereby, the appellant preferred a writ petition No.7884/19 before this court. A batch of writ petitions led by Writ Petition No.8085/19 including the writ petition preferred by the appellant, was disposed of by the learned Single Judge of this court vide order dated 21.6.19. The order impugned in the writ petition filed by the appellant stood quashed and the appellant was permitted to raise her grievance before the Grievance Committee constituted pursuant to the order passed by the learned Single Judge. The representation made by the appellant raising the grievance was rejected by the Grievance Committee vide order dated 5.7.19. Consequently, vide order dated 11.7.19, the appellant has again been transferred from Government Primary School, Bawariyo Ka Khera to Government Senior Secondary School, Raghunathpura (Asind).

(3.) The writ petition preferred by the appellant assailing the legality of the order dated 11.7.19 has been dismissed by the learned Single Judge observing that the entire exercise which has been undertaken by the respondent for transferring the Teachers from Elementary Education to Secondary Education based on policy whereby the Teachers recruited under provisions of Rules of 1996 were to be accommodated at the elementary level and based on seniority either the Teachers have been subjected to proceedings under Rule 6D of the Rules of 1971 or they have been transferred from elementary to secondary schools. Learned Single Judge observed that the policy decision has been uniformly applied by the respondent and therefore, the order transferring the appellant does not warrant any interference.