SATISH CHANDRA Vs. YAMIN KHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the learned District Judge, Churu dated January 16,1989, allowing the appeal of the plaintiff-non-petitioner no. 1 Yamin Khan and setting aside the order of the Munsif, Churu dated December 19, 1988, dismissing his application moved under Order 39 Rules 1 and 2, C. P. C. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) THE plaintiff-non-petitioner No. 1 Yamin Khan filed a suit for injunction in the Court of the Munsif, Churu with the allegations, in short, that he is an employee of the State of Rajasthan, he was promoted as Senior Teacher in March, 1988 and posted in Government School, Balrasar (Churu ). By order dated August 22, 1988, he was transferred from Balrasar to Ratusar (Churu), by order dated September 24, 1988, he was again transferred from Ratusar to Churu and lastly by order dated 29-9-88 he has been again transferred from Churu to Ratusar. THE last order has been challenged in the suit and an application under Order 39 Rules 1 and 2, CPC was moved for the stay of the operation of this order. After hearing the parties, the learned Munsif dismissed it. On appeal, for the learned District Judge, Churu set aside the order and granted the stay by his order dated January 16, 1989 which has been challenged in this revision petition.

(3.) THERE is also no force in the plaintiffs' contention that the last order dated 29-9-88 was in fact passed with back date after the ban on the transfer was imposed w. e. f. September 30,1988. In compliance with the order of the Director, Primary & Secondary Education, Bikaher dated 29-9-88, the District Education Offcer, Churu passed the order the same day. From this fact, it cannot be said that the order was actuated with malice. Churu is not at a far place from Bikaner. It is clear from this order of the Director that it was passed in pursuance of the direction of the Government of Rajasthan. Its copy was sent to the Deputy Secretary, Education (Group-II), Jaipur. The Director was bound to comply with the orders of the Government of Rajasthan All these facts and circumstances have not been taken into consideration by the learned District Judge, Churu. It is, therefore, difficult to sustain this order. If this order is allowed to stand, the petitioner will suffer an irreparable injury.