The High Court dismissed a writ petition challenging a transfer order of a government school principal, holding that the petitioner had an alternative remedy before the Rajasthan Civil Services Appellate Tribunal.
Quashing of the impugned transfer order dismissed due to availability of alternative remedy.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.16984/2018
Smt. Indra Gupta Wife Of Shri Dinesh Lal Gupta, Aged About 52 Years, Resident Of 411, 10-B Scheme, Bharat Vihar, Gopalpura Bye Pass, Jaipur. At Present Posted As Principal In Government Girls Senior Secondary School, Kalyan Kunj, Jhotwara, Jaipur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Rajesh Raj Kumawat For Respondent(s) : Mr.Ram Rakh Sharma
HON'BLE MR. JUSTICE ALOK SHARMA Order
01/03/2019
Under challenge is the order dated 10.7.2018 passed
by the Director, Secondary Education Bikaner transferring the
petitioner from Government Girls Senior Secondary School, Kalyan
Kunj, Jhotwara Jaipur to Government Senior Secondary School,
Putholi, Gangrar, Chittorgarh.
Admittedly the said order is challengeable by an appeal
before the Rajasthan Civil Services Appellate Tribunal (hereafter
‘the Tribunal’).
(2 of 2)
[CW-16984/2018]
The mere fact that the petitioner’s earlier order of
transfer issued on 19.5.2018 whereby she was transferred from
Govt. Girls Senior Secondary School Jhotwara Kalyan Kunj to Government Senior Secondary School, Kant Amber, Jaipur was
stayed by the Tribunal vide its order dated 6.6.2018 with liberty to pass another order of transfer afresh providing for payment of
traveling allowance is of no consequence to the question of availability of alternative remedy.
In the facts of the case recorded above, I am not
inclined to entertain this petition for reasons of availability of
alternate remedy to the petitioner to approach the Tribunal by way
of an appeal, against the impugned transfer order dated 10.7.2018.
The petition is accordingly dismissed.
It goes without saying that the petitioner shall be at
liberty to take his remedy referred to above.
(ALOK SHARMA), J
Himanshu/2
1 issue framed by the court
Whether the transfer order is maintainable in view of the availability of an alternative remedy before the Civil Services Appellate Tribunal.
Smt. Indra Gupta
The State Of Rajasthan
The Director, Secondary Education, Bikaner
Shri Sunil Kumar Upadhyay
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
