Dismissed

Sandhya Arya v. R C S a Tribunal and Ors.

Rajasthan HC6 May 2015CW/12721/2013

Case brief

AI extract

What is this about?

This order dismisses a civil writ petition challenging a transfer order. The High Court upheld the Rajasthan Civil Services Appellate Tribunal's finding that the transfer was not motivated by malafides and was not arbitrary, referencing Apex Court precedents on the limited scope of judicial interference in service transfers.

What did the court decide?

The stay on the Tribunal's order was vacated and the writ petition was dismissed.

Sandhya Arya Vs R C S a Tribunal and Ors. — Pension and Retirement Benefits | Rajasthan HC (2015)

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In the High Court of Judicature for Rajasthan
at Jaipur Bench, Jaipur

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ORDER

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S.B. Civil Writ Petition No. 12721/2013
Sandhya Arya v. The Rajasthan Civil Services
Appellate Tribunal, Jaipur & Ors

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Date of Order : 6.5.2015

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HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Ajay Raj Tantia for the petitioner
Mr. Sanjay Sharma-Govt. Counsel for the
respondent State

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Perused the impugned order dated
10.7.2013 passed by the Rajasthan Civil

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ServicesAppellateTribunal,Jaipur
(hereinafter 'the Tribunal') and heard
counsel for the petitioner and the

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respondents.

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The Tribunal has held that the

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transfer of the petitioner vide order dated

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30.6.2013 was not vitiated by malafides, as
alleged, for the mere reason of one Anil
Kumar Pareek (respondent No.6) being
simultaneously transferred to the post of
Lecturer (Political Science), Government
Senior Secondary School, Durgapura on

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request- as an employer could take into
consideration the situation of an employee in
the exercise of its discretion in matters of

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transfer. It was also noted that the
petitioner had held the post of Lecturer
(Political Science) in various schools in
Jaipur District since 2008 and since 2010 at
the Durgapura School and consequently her
transfer vide order dated 30.6.2013 could not
even otherwise put to challenge on the ground
of “frequent transfers”. The Tribunal also
noted that in any event the petitioner was
posted to another Government Senior Secondary
School in Jaipur District itself when
petitioner could have been transferred to any
place in the State of Rajasthan.

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 The Hon'ble Apex Court in Union of
India and Anr. v. S.L. Abbas, (1993) 4 SCC
357, Rajendra Singh & Anr. v. State of Uttar
Pradesh (2009) 15 SCC 178 and State of U.P
and Anr. v. Govardhan Lal (2004) 11 SCCF 402
has held that the scope of interference in
matters of transfer is very limited. Courts
can interfere only in cases of proved
malafideorviolationofstatutory

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provisions. Neither of the two grounds are
made out in the case at hand.

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In my considered opinion in the facts
of the case, there is no perversity in the

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impugned order dated 10.7.2013 passed by the
Rajasthan Civil Services Appellate Tribunal,
Jaipur nor it is vitiated on the ground of
misdirection in law.

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I, therefore, find no force in the
petition. Accordingly dismissed.

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On the matter coming up before this
Court, vide ad-interim order dated 22.7.2013
the operation of the order dated 10.7.2013
passed by the Tribunal qua petitioner and
private respondent was stayed. The aforesaid
stay shall stand vacated with the writ
petition being dismissed.

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 The respondents shall also be free to
pass further order/s of transfer qua the
petitioner as may now be warranted as per
their discretion.

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(ALOK SHARMA), J

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Sharma NK

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“All corrections made in the judgment/order have been
incorporated in the judgment/order being emailed.”

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NK Sharma, Sr.P.A

Sandhya Arya v. R C S a Tribunal and Ors.

Case brief

What is this about?

What did the court decide?

Sandhya Arya v. R C S a Tribunal and Ors.

Case brief

What is this about?

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