Rajasthan High Court - Jodhpur
Ramswaroop vs . State Of Rajasthan & Ors.. on 28 October, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL WRIT PETITION NO. 7435/2014.
Ramswaroop Vs. State of Rajasthan & Ors..
Order dated 27/10/2014
1/3
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
:: O R D E R ::
S.B. CIVIL WRIT PETITION NO. 7435/2014.
Ramswaroop Vs. State of Rajasthan & Ors..
Date of Order :::: 27th October, 2014.
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. Deepak Bishnoi, for the petitioner.
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BY THE COURT:
1. The petitioner working as Teacher Grade II has filed the present writ petition against the transfer order transferring him from Govt. Secondary School, Asawari, Tehsil: Mundwa, District: Nagaur to Govt. Secondary School, Antaali, Asind, District: Bhilwara, under a common order passed for 32 persons vide Annex.4 dated 08.10.2014 issued by the second respondent Dy. Director (Secondary), Education Department, Ajmer Zone, Ajmer. The petitioner has not filed any representation against the impugned transfer order before the concerned authority or the higher authority of the respondent Department before filing the present writ petition.
S.B. CIVIL WRIT PETITION NO. 7435/2014.
Ramswaroop Vs. State of Rajasthan & Ors..
Order dated 27/10/2014 2/3
2. It is well settled legal position that transfer and posting orders on account of administrative exigencies cannot be interfered with by the writ court under Article 226 of the Constitution of India except on narrow grounds viz. breach of statutory provisions or malafide established against the authority, who has passed the impugned order. No such grounds even have been established in the present writ petition.
3. Learned counsel for the petitioner, however, submits that the transfer order has been passed in breach of guidelines issued by the State Government and no option of stations were taken by the respondent Department, and so also, TA/DA has also not been granted to the petitioner. He further argued that the petitioner being the only son, has a duty to take due care of his old mother, who is said to be 100 years of age.
4. These guidelines in question are neither statutory in character nor enforceable in law. However, the petitioner will be at liberty to approach the respondents by way of suitable representation within a period of two weeks from today, and it is for the concerned authority to pass appropriate orders after giving an opportunity of hearing to the petitioner expeditiously, preferably within a period of one month from the date of filing of such representation. For the period of one month, the effect and operation of the impugned transfer order dated 08.10.2014 S.B. CIVIL WRIT PETITION NO. 7435/2014.
Ramswaroop Vs. State of Rajasthan & Ors..
Order dated 27/10/2014 3/3 (Annex.4) qua the present petitioner shall remain stayed and he may not be relieved.
5. With these observations and directions, the writ petition is disposed of. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
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