PUSHPA MEHTA Vs. RAJASTHAN CIVIL SERVICES APPELLATE TRIBUNAL

JUDGEMENT

(1.) THIS Special Appeal is directed against the order of the learned Single Judge dated 28. 10. 99 dismissing the writ petition in limine.

(2.) THE appellant-writ petitioner Dr. (Smt.) Pushpa Mehta, hereinafter referred-to as "the appellant" and second respondent Dr. (Mrs.) Shanta Dubey are Professors in the Department of Micro-biology. By order dated 24. 04. 1999, the appellant was transferred from Kota to Udaipur and second respondent Dr. (Mrs.) Shanta Dubey in her place from Udaipur to Kota. THE second respondent challenged the said order of transfer before the Rajasthan Civil Services Appellate Tribunal on the grounds viz; (i) that she is on the verge of retirement; (ii) that she is suffering from Cancer; (iii) that her husband expired on 13. 2. 98; and that her you-nger son is studying at Udaipur. THE Tribunal found that the policy of the Government has been that the employees, who are at the verge of retirement should not ordinarily be disturbed. THE Tribunal also found that there was no administrative reason to transfer Dr. Dubey from Udaipur to Kota except to accommodate Dr. Mehta. In view of the finding, the Tribunal set aside the order of transfer dated 24. 04. 1999, as far as it related to transfer of the appellant and second respondent. THE State did not choose to challenge the said order of the Tribunal dated 22. 10. 99. However, the order was challenged by Dr. (Mrs.) Pushpa Mehta by way of petition under Articles 226 and 227 of the Constitution of India. THE learned Single Judge rejected the petition.