Rajasthan High Court - Jodhpur
Zahir Ahmed Khan vs State Of Rajasthan & Ors on 30 May, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7677 / 2018
Zahir Ahmed Khan aged about 58 years, S/o Sh. Nawab Ali Khan,
B/c Kayamkhani (Musalman) R/o Ward No.4, Sadulpur, Tehsil
Rajgarh, District Churu, Rajasthan.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Department of
Education ( Secondary), Secretariat, Jaipur, Rajasthan.
2. Director, Secondary education, Rajasthan, Bikaner.
3. Joint Director (Personal), Secondary Education, Jodhpur.
4. District Education Officer (Secondary Education), Churu,
Rajasthan.
5. Principal, Government Aadarsh Senior Secondary School
Bungi, Tehsil Rajgarh, District churu, Rajasthan.
6. Vidya Manju, aged about 41 years, W/o Sh. Vijay Pratap, B/c
Jat present working on the post of Principal, Govt. Aadarsh
Senior Secondary School, Bungi, Tehsil Rajgarh, District
Churu, Rajasthan.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Zahir Ahmed Khan - petitioner in person.
For Respondent(s) :
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 30/05/2018 This writ petition has been filed by the petitioner aggrieved against the order dated 24.5.2018 (Annex.4) passed by the Director, Secondary Education, Rajasthan Bikaner, whereby, the petitioner has been transferred from Govt. Aadarsh Senior Secondary School, Bungi, Tehsil Rajgarh, District Churu to Govt. senior Secondary School Nanuwala Tehsil Raisingh Nagar, District Sriganganagar.
(2 of 2) [CW-7677/2018] It is, inter alia, submitted by the petitioner that while making the order of transfer, the fact that the petitioner is at the verge of retirement i.e. on 31.7.2019 has not been taken into consideration and, therefore, the order impugned is bad.
I have considered the submissions made by the petitioner and have perused the material available on record.
It is apparent that after making the representation (Annex.3), the petitioner without waiting for the decision on the said representation, has rushed to this Court. Besides the above, the petitioner has alternative remedy by way of appeal before the Rajasthan Civil Services Appellate Tribunal, which remedy has not been exhausted.
So far as the submissions made questioning the validity of the order impugned are concerned, the same are essentially in nature of grievances and does not affect jurisdiction and/or legality of the order impugned so as to require interference by this Court under Article 226 of the Constitution of India.
Consequently, there is no substance in the writ petition, same is, therefore, dismissed. However, the petitioner would be free to pursue his representation and it is expected of the respondents to deal with the same appropriately and expeditiously i.e. within two weeks of presenting a copy of this order.
(ARUN BHANSALI)J. sumit-118