2009 Supreme(Raj) 2535
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ajay Rastogi, J.
Hari Singh - Appellant
Versus
State - Respondent
S.B.Civil Writ Petition No. 15045 of 2009.
Decided On : 5-12-2009
Advocates:
For the Petitioner:Mr. Shailender Balwada, Advocate.
Headnote:Constitution of India, Art. 16 and 226 – In this case petitioner working at place A was transferred to place B – however his transfer was cancelled by the interim order of the tribunal – he was again transferred to place B after 2 yrs – he challenged the said transfer – his contention rejected – the order of tribunal was valid – transfer upheld.
JUDGMENT
1. - Petitioner, who is presently working as Ayurved Chikitsak for sufficient long time at Pilani, Jhunjhunu, was transferred to Neem Ki Dhani, Jhunjhunu vide order dated 20th September, 2007. But, it appears that because of some interim order passed by Tribunal vide order dated 25th June, 2008 his transfer was cancelled and he was allowed to continue at Pilani, Jhunjhunu. But, after more than a year thereafter, vide order Ann.3 dated 20th October, 2009, he was transferred to Neem Ki Dhani. At this stage, he again approached Tribunal. However, appeal was dismissed on 12th November, 2009.
2. Counsel submits that petitioner & his wife - both are working at Pilani, Jhunjhunu and in such circumstances, it will not be in the interest of administration to transfer him elsewhere under order impugned.
3. Learned Tribunal while examining record has observed that since 1999 petitioner is working in District Jhunjhunu and has never been transferred outside the District and the place where he has been presently transferred is at a distance of 40 kms. and taking note thereof, appeal was rejected.
4. This court has gone through the order impugned and find no manifest error committed by Tribunal, which may call for interference.Consequently, writ petition stands dismissed.Petition dismissed.
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