BABU LAL PUNIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners aggrieved against orders passed by the respondents, whereby the petitioners have been transferred from Primary Education to Secondary Education set-up.

(2.) It is, inter alia, indicated in the writ petitions that the petitioners were selected for appointment under the provisions of the Rajasthan Education Subordinate Service Rules, 1971 ('the Rules of 1971') and were appointed as Teacher Grade-III by the District Education Officer (Elementary Education). The petitioners continued to serve with the department when orders were passed by District Education Officer (Headquarters), Secondary Education purportedly under provisions of Rule 6D of the Rules of 1971, whereby the petitioners were subjected to counseling and were posted in various Senior Secondary Schools by the orders passed by the said authority.

(3.) Whereafter, on realizing that the petitioners were already recruited under the provisions of the Rules of 1971 and could not be subjected to provisions of Rule 6D of the Rules of 1971, fresh orders were passed by the respondents, wherein in the original order passed, one more column was added, wherein it was indicated that insofar as the petitioners were concerned, they were being transferred from Primary Education to Secondary Education and the place of postings allotted based on the counseling, were maintained.