High CourtsSingle Bench(2019) 01 RAJ CK 0291

Devidas Sanjnani vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 8 January 2019

HON’BLE JUDGES
Alok Sharma, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 22455 Of 2018

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 306 words

A challenge has been made to the order dated 29-8-2018 passed by the Rajasthan Civil Services Appellate Tribunal Jaipur (hereafter `the Tribunal') whereby the appeal filed by the petitioner, a class-IV in Government Secondary School Untada against the order of his transfer dated 16-4-2018 has been dismissed and the petitioner's transfer to Government Girls Senior Secondary School Tautgarh (Jawaja) Ajmer sustained.

The ground agitated in support of the petition is that the petitioner is a low paid employee and he has been subjected to transfer on political ground. He submitted that his wife is a chronic patient of Asthama and that himself is also suffering from a Neurological illness. The petitioner's representation pursuant to Tribunal's order dated 14-5-2018 was dismissed by respondents on 15-6-2018 on the ground that the two posts of class-IV in Tautgarh school were vacant, required to be provided for and therefore the petitioner was transferred thereto. The appeal filed thereagainst has been dismissed by the Tribunal on 29-8-2018 on the ground that it cannot go into the question of relative hardship, which was the idle ground agitated to impugn the transfer. The Tribunal held that the place of posting being distant was not a violation of service rules.

Heard. Considered.

The impugned order dated 29-8-2018 passed by the Tribunal upholding the petitioner's transfer order dated 16-4-2018 is a well considered and founded on cogent reasons. Transfer is an incident of service and cannot be interfered with without there being any evident malafide or contravention of statutory rules. Such grounds are not made out in the present petition. So far the ground of politically motivated complaint as agitated is concerned, the petitioner did not place any material on record of the petition or before the Tribunal in support thereof. There is no merit in the writ petition.

Consequently the writ petition is dismissed.