Laxminarain Nagori vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioner aggrieved against the order of transfer dated 05.03.2019 (Annex.2), whereby the petitioner has been transferred from Jaisalmer to Sardarshahar.

It is, inter-alia, indicated in the writ petition that the petitioner has been subjected to transfer based on a complaint (Annex.1) and that the order of transfer, is without application of mind, inasmuch as, the respondents have posted two persons on the same post by the order impugned i.e. one Mr. Karamveer Singh has also been posted at Sardarshahar, whereas there is only one post of Lecturer in Political Science at the given college and therefore, on that count, the order impugned deserves to be quashed and set-aside.

Learned counsel appearing on caveat made submissions that the allegations regarding transfer of the petitioner based on the complaint has no basis, inasmuch as, by order impugned 215 Lecturers have been transferred and as such, it cannot alleged that the transfer is based on any complaint.

Further submissions have been made that as the workload at Sardarshahar in the subject Political Science was too much, in the interest of the students, two Lecturers have been posted/ transferred and therefore, based on said ground, it cannot be said that there was non-application of mind. It was submitted that there is no substance in the writ petition and the same deserves to be dismissed.

I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

A bare look at the order dated 05.03.2019 (Annex.2) indicates that as many as 215 Lecturers have been transferred from all over the State and as such, it is not a case where a one off transfer has taken place so as to allege malafides on part of the respondents. Even if, the petitioner has placed on record a letter said to have been written by some political office bearer making complaint against the petitioner.

So far as the plea regarding posting two persons against one sanctioned post is concerned, the material produced for perusal of the Court by counsel for the respondents indicates that there are 605 students in the subject Political Science and for the huge number of students, the college has been repeatedly seeking appointment of additional Lecturer and therefore, two Lecturers have been transferred simultaneously at the sanctioned post.

Learned counsel for the respondent also clarified that irrespective of the sanctioned post, there would not be any issue pertaining to payment of salary to both the Lecturers.

In view of above fact situation, wherein large number of Lecturers have been transferred by the order impugned and two Lecturers have been posted against one sanctioned post on account of heavy workload, the order impugned cannot be said to be malafide and / or illegal so as to require interference of this Court.

There is no substance in the writ petition and the same is, therefore, dismissed.