Rajasthan High Court - Jaipur
Vinod Kumar Joshi vs Raj Civil Service Appe Tribuanl Ors on 31 March, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3837/2010 Vinod Kumar Joshi Vs. The Rajasthan Civil Services Appellate Tribunal, Jaipur and Others Date of Order ::: 31.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri P.S. Sharma, Counsel for petitioner #### By the Court:-
Grievance of petitioner that only State Government was competent to transfer him and not the District Education Officer. Petitioner is not employee of Education Department and therefore the District Education Officer was not empowered to transfer the petitioner. He was employee of Panchayat Samiti and his transfer from one Panchayat Samiti to another should be made only by the Government in accordance with the provisions of Section 89 (8A) of the Rajasthan Panchayati Raj Act, 1994.
In this case the order of transfer was passed as far back as on 24.10.2009 and the petitioner has joined pursuant to the said order. The Tribunal has relied on the order of the Director, Primary and Secondary Education, Bikaner, dated 27.01.2003 whereby the District Education Officer was held to be appointing authority of the petitioner. But those legal issues need not be examined because the petitioner has joined pursuant to the order of transfer.
Petitioner would however be at liberty to make a representation to the competent authority, on the ground of personal inconvenience or any other hardship including the fact that Government has a policy to keep husband and wife together at same place and his wife is also serving as Teacher. If any such representation is made, respondents are expected to consider the same sympathetically in accordance with law and pass appropriate order thereon.
The writ petition stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//