2009 Supreme(Raj) 2556
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ajay Rastogi, J.
Ashok Kr. Sharma - Appellant
Versus
State - Respondent
Civil Writ Petition No. 15694 of 2009.
Decided On : 15-12-2009
Advocates:
For the Petitioner:Mr. Abhishek Sharma, Advocate.
Headnote:Constitution of India, Art. 16 and 226 – Petitioner holding transferable post – got transferred – same was challenged on the ground that it was made on desire of minister – transfer was held to be valid – no lien against transfer – transfer is incidence of service petition dismissed.
JUDGMENT
1. - Petitioner while working as UDC & having indisputably remained posted in Sikrai (Dausa) since 1983 to the year 2001, but now on being transferred within Dausa at Sainthal vide order dated 28/10/2009, assailed the same before service appellate Tribunal in Appeal-1488/2009 which was rejected vide judgment dated 07/12/2009.
2. Main thrust of contention raised by Counsel is that petitioner has been made scapegoat to accommodate other employees who were transferred at the desire of Minister despite they having worked for sufficient long time in district Dausa; in such circumstances, order impugned by which petitioner has been transferred from Dausa to Sainthal (Dausa) cannot be said to be in the interest of administration.
3. The self-same submission was made before the Tribunal but taking note of over-all material on record and so also the fact that petitioner remained posted in Sikrai (Dausa) since 1983, learned Tribunal has not considered appropriate to interfere in the order impugned.
4. Transfer is an incidence of service. Petitioner cannot claim a lien to continue even within district for all times to come, particularly when he is holding transferable post. What has been submitted by him about other incumbent working in district Dausa, the facts remains that petitioner himself, worked at one station Sikrai (Dausa) since 1983 and even under order impugned, he has been transferred to Santhal within district Dausa.
5. Indisputably petitioner having served at one palce on being posted in Dausa proper atleast for last eight years was transferred to Santhal within district Dausa, which as informed, is situated at a distance of 60 kms.
6. Alongwith affidavit, some documents have been placed on record, which are letters having been sent by Block congress Committee, Dausa. These are mere letters but the authority is supposed to apply its mind independently while transferring employee in the interest of administration or exigency of service. It is also not the case of petitioner that the authority which has ordered the transfer impugned is biased or there is any violation of statutory rules.
7. Consequently, writ petition being devoid of merit is hereby dismissed.Petition dismissed.
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