Sunita Parihar vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioner aggrieved against the order dated 22/1/2019 (Annex.7), whereby, the petitioner has been transferred from Gadra Road (Barmer) to HQ as A.P.O. and one Ganpat Ram Suthar has been transferred from Chhoti Sarwan (Banswara) to Gadra Road (Barmer).

It is inter alia indicated in the writ petition that the petitioner was initially appointed as Vikas Adhikari by order dated 1/6/2016; by order dated 28/9/2016 the petitioner was placed A.P.O. and on 10/10/2016 she was posted at Dungarpur; again on 17/5/2018 the petitioner was placed A.P.O. and by order dated 19/6/2018 was posted at Raipur District Bhilwara and by order dated 31/8/2018 she was transferred from Raipur to Gadra Road and now again to accommodate the respondent no.4, she has been made A.P.O..

It is submitted by learned counsel for the petitioner that the petitioner has been subjected to frequent transfers within a short span of about 2½ years ever since she was accorded appointment on 1/6/2016. Further submissions have been made that on account of family circumstances also the respondents are not justified in now transferring the petitioner from Gadra Road (Barmer).

Further submissions have been made that the petitioner has been made A.P.O. in contravention of provisions of Rule 25A of the Rajasthan Service Rules, 1951 (the Rules, 1951') and on that count also the order impugned deserves to be set aside.

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

A perusal of the order dated 22/1/2019 indicates that by the said order as many as 78 officers have been transferred and 11 of them have been placed A.P.O., which placing of certain officers as A.P.O. appears to be part of the over all exercise of according postings and, therefore, merely on account of placing the petitioner A.P.O. during such exercise cannot be alleged to be in violation of Rule 25A of the Rules, 1951.

So far as the frequent transfers of the petitioner and her family circumstances as alleged, seeking to make a plea to be retained at Gadra Road (Barmer), are concerned, after passing of the order impugned the petitioner has not even cared to file a representation with the respondents and has approached this Court directly. The petitioner also has effective alternative remedy of appeal before the Rajasthan Civil Services Appellate Tribunal, which remedy has also not been availed and, therefore, no case is made out for interference in the writ jurisdiction by this Court.

Consequently, the writ petition filed by the petitioner is dismissed. The petitioner will be free to avail the alternative remedy, if so advised.