Dismissed

Smt. Darpan Jain W/O Shri Atul Kumar Jain v. Additional Chief Secretary, School Eduation

Rajasthan HC10 May 2023CW/7298/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the dismissal of an appeal by the Rajasthan Civil Services Appellate Tribunal regarding the petitioner's transfer order. The Court held that the Tribunal did not commit illegality as the order was passed in administrative exigency without malafides.

What did the court decide?

The writ petition without any force and is accordingly dismissed; stay application disposed of.

Smt. Darpan Jain W/O Shri Atul Kumar Jain… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/010133]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7298/2023

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Smt. Darpan Jain W/o Shri Atul Kumar Jain, Aged About 47 Years, Lecturer English Government Senior Secondary School Sultanpur Kota R/o 363, Jain Kirana Store Nayapura, Near Jankinath Mandir, Kota (Rajasthan)

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----Petitioner

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Versus

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Additional Chief Secretary, School Eduation, Government Secretariat, Jaipur.

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Director, Secondary Education, Bikaner.

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District Education Officer Secondary, Kota.

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----Respondents

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For Petitioner(s) : Mr. Sudhir Gupta For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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10/05/2023

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By way of instant writ petition filed under Article 227 of the Constitution of India, petitioner has challenged the order dated 13.04.2023 passed by the Rajasthan Civil Services Appellate Tribunal (hereinafter for-short “the Tribunal”), dismissing her appeal bearing No.1134/2023 and affirming the transfer order dated 20.12.2022 whereby she has been transferred from Govt. Senior Secondary School Sultanpur, District Kota to Govt. Senior Secondary School Mohi, District Rajsamand.

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Having heard counsel for petitioner and from perusal of record, it transpired that the petitioner assailed her transfer order dated 20.12.2022 by way of filing appeal No.683/2023 before the Tribunal. The Tribunal did not interfere in the impugned transfer order and disposed of the appeal of petitioner with liberty to submit a representation before respondents. Petitioner submitted representation which has been rejected by respondents vide order

[2023/RJJP/010133]

[CW-7298/2023]

(2 of 3)

dated 17.03.2023. Thereagainst again petitioner approached before the Tribunal by way of filing appeal No.1134/2023, which has been dismissed vide order dated 13.04.2023. The Tribunal has observed that petitioner has already joined her services and the transfer order has been acted upon.

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From perusal of representation submitted by petitioner (Ann.2), it appears that petitioner was appointed on the post of Teacher Grade II English on 20.4.2005 and initially she was posted at District Bundi. Thereafter, in the year 2008, petitioner was transferred to Government Senior Secondary School, Deoli Arab, Kota. Petitioner has sought to challenge the impugned transfer order dated 20.12.2022 alleging some family circumstances that her grandmother is aged of 74 years and her daughter is studying in Class 12^th of CBSE Board and her husband works in Chambal Fertilizers and Chemicals Ltd., District Kota. These grounds have been considered by respondents while rejecting the representation of petitioner vide order dated 17.03.2023 and it has been observed that none of such grounds are sufficient to review or cancel the transfer order of petitioner.

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In such factual backdrop of facts where the case of petitioner has been examined by the Tribunal twice and in the representation of petitioner, respondent-State has considered the factual aspect, this Court finds that it is not a case where respondents have not taken into consideration the transfer policy and therefore, the judgment of Apex Court in case of SK Nausad Rahaman & Ors. Vs. Union of India & Ors.(Civil Appeal No.1243 of 2022) decided on

(3 of 3)

[2023/RJJP/010133]

[CW-7298/2023]

10th March, 2022 on which counsel for petitioner has placed reliance, is of no help to the petitioner.

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It is trite law that transfer order is not required to be interfered with by the Court, unless same is not suffering from mala fides or in flagrant violation of transfer policy. This Court is of the opinion that the Tribunal has not committed any illegality or jurisdictional error in dismissing the appeal, and same does not warrant any interference.

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The Apex Court in the case of Union of India Vs Deepak Niranjan Nath Pandit [(2020) 3 SCC 404] , has held that interference with transfer order is in excess of jurisdiction and improper exercise of judicial power, when there is no mala fide nor any breach of law in passing the transfer order.

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Therefore, this Court, while exercising its writ jurisdiction, is not inclined to interfere with the transfer order, which has been affirmed by the Tribunal on merits observing that the transfer order has been passed in administrative exigency and does not suffer from any mala fides or illegality. The writ petition is without any force and the same is accordingly dismissed.

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Stay application and other pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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NITIN /46

Smt. Darpan Jain W/O Shri Atul Kumar Jain v. Additional Chief Secretary, School Eduation

Case brief

What is this about?

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Smt. Darpan Jain W/O Shri Atul Kumar Jain v. Additional Chief Secretary, School Eduation

Case brief

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What did the court decide?

What the court decided

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