In a writ petition challenging a transfer order affecting a teacher, the High Court of Rajasthan examined the issue of service conditions and transfer posts within the same district, applying Article 226 to determine if the order warranted judicial interference.
The writ petition is hereby dismissed as it is devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CW 13736/09
{ 1 }
In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.13736/2009 Shyam Sunder Versus RCSAT & Ors
Date of Order ::: 05/11//09
Hon'ble Mr. Justice Ajay Rastogi
Mr. Mukesh Kr. Goyal, for petitioner
Petitioner while being promoted as
Senior Teacher in his own pay scale & having
remained posted at Govt. Higher Secondary
School, Rajaur (Karauli) has now been
transferred to Bahadurpura Sapotra (Karauli)
vide order impugned dt.25/09/09 (Ann.4),
which was assailed in Appeal-896/2009, that
too was rejected by respondent-Tribunal vide
order dt.15/10/09 (Ann.5).
As per petitioner's own saying, he has
worked at Rajaur for last more than 4-5 years
and on promotion in his own pay scale as
Senior Teacher, has been posted at Bahadurpura
Sapotra at a distance of 70-80 kms vide
impugned order. Petitioner cannot claim any
lien and if he has been posted on promotion in
his own pay scale in the same district; such
action of respondent cannot be said to be
arbitrary which may call for interference.
The Tribunal has also examined the material on
record and did not find justification to
interfere in the order impugned. This Court
does also not find justification or manifest
error to interfere under Art.226 of the
Constitution.
Consequently, writ petition being
devoid of merit is hereby dismissed.
K.Khatri/p.2/
13736CW09Nov5-DsTrns.doc
1 issue framed by the court
Whether the transfer order of a Senior Teacher to a post within the same district is liable to be challenged by way of writ petition.
1 provisions across 1 enactments
Shyam Sunder
RCSAT & Ors
Ajay Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court