Ratan Singh Rao vs State Of Raj. & Ors on 20 February, 2009

[Cites 3, Cited by 1]

Rajasthan High Court - Jodhpur

Ratan Singh Rao vs State Of Raj. & Ors on 20 February, 2009

Bench: H.R.Panwar

                                 1

   IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

                            ORDER

           S.B.Civil Writ Petition No. 1280/2009
      Ratan Singh Rao Vs. The State of Rajasthan and Ors.


          Date of order              :    20.02.2009


              HON'BLE MR. JUSTICE H.R.PANWAR


Mr. Arjun Purohit, for the petitioner.

BY THE COURT

Heard learned counsel for the petitioner. By the instant writ petition under Article 226 of the Constitution of India, the order dated 05.02.2009 passed by Rajasthan Civil Service Appellate Tribunal, Rajasthan, Jaipur (for short 'the Tribunal' hereinafter) has been challenged.

I have heard learned counsel for the petitioner.

The petitioner came to be transferred by order dated 24.12.2008 from Panchayat Samiti, Khamnor, District Rajsamand to Panchayat Samiti Pahadi, District Bharatpur and was relieved by order dated 9.1.2009, which came to be challenged by the petitioner by way of an appeal before the Tribunal. The tribunal relying on the decision of Hon'ble Supreme Court mentioned therein dismissed the appeal.

In my view, the law is settled on the point that the transfer is an incident of service and a Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Reference may be made to the decisions of Hon'ble Supreme Court in Mrs. Shilpi Bose and Others Vs. State 2 of Bihar and Others, AIR 1991 SC 532, Union of India Vs. N.P.Thomas AIR 1993 SC 1605, Union of India Vs. S.L. Abbas AIR 1993 SC 2444 and in Mohd. Masood Ahmad Vs. State of U.P. and Others, (2007) 8 SCC 150.

In the circumstances, therefore, no case for interference is made out. The writ petition is dismissed.

(H.R.PANWAR), J.

rp 3 S.B.Civil Misc. Stay Petition No. 2325/09 In S.B.Civil Writ Petition No. 1280/2009 Date of order : 20.02.2009 HON'BLE MR. JUSTICE H.R.PANWAR Mr. Arjun Purohit, for the petitioner.

Since the writ petition itself has been dismissed, the stay petition also stands dismissed.

(H.R.PANWAR), J.

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Rajasthan High Court - Jodhpur