JUDGMENT :

Mahendra Kumar Goyal, J.

1. This writ petition has been filed by the petitioner assailing the legality and validity of the order dated 30.09.2021 passed by the official respondents whereby the petitioner was transferred from Government Senior Secondary School, Bhakrota, Jaipur to Government Senior Secondary School, Tholai, Jaipur as also the judgment dated 01.12.2021 whereby the appeal no. 4688/2021 preferred by her against the order dated 30.09.2021 was disposed of by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for brevity "the learned Tribunal") as well as the order dated 31.12.2021 whereby review petition filed by her, has been dismissed.

2. A perusal of the order dated 01.12.2021 reveals that the appeal filed by the appellant/petitioner against the transfer order dated 30.09.2021 has been disposed of by the learned Tribunal directing her to submit a representation whereupon, the official respondents have been enjoined upon to decide the same within a period of 30 days thereafter vide speaking order. Review petition filed by her has also been dismissed by the learned Tribunal vide order dated 31.12.2021.

3. A co-ordinate Bench of this Court in case of Manoj Kumar Jain v. State of Rajasthan and Ors., SBCWP No. 12557/2021 vide judgment dated 21.09.2021, held as under:

"22. A conjoint reading of Section 4 and 5 of the Act of 1976 clearly suggests that the Tribunal is required to decide each appeal on its merits. The Tribunal does not have any power to issue a mandamus, as it is only an appellate authority created to examine the matters relating to seniority, promotion, confirmation, transfer etc. This Court has witnessed many orders particularly relating to transfer of Government employees, in which the Tribunal has simply passed direction to consider and decide representation. Such approach of the Tribunal is not legally correct. The Tribunal should refrain from adopting such practice and it should decide appeal on the anvil of legal provisions or judicial precedents instead of leaving the employees at the mercy of the authorities who themselves have passed order(s) of transfer.

23. Instead of doing what was required, the Tribunal has simply directed the petitioner to file a representation.

24. The learned members of the Tribunal have failed to exercise the jurisdiction vested in them, and have rather shirked from their duty of deciding the appeal.

25. The writ petition, therefore, succeeds, the impugned order dated 12.08.2021, passed by the Tribunal is set aside; the appeal is restored to the dockets of the Tribunal, with a direction to the decide appeal on its merit within a period of six weeks from today.

26. The petitioner and the respondents shall appear before the Tribunal on 04.10.2021, and place a certified copy of the order instant; whereafter the Tribunal shall fix the next date of hearing."

4. In view thereof, the orders dated 01.12.2021 as well as the order dated 31.12.2021 cannot be sustained in the eye of law.

5. Accordingly, this writ petition is partly allowed. The orders dated 01.12.2021 and 31.12.2021 are quashed and set aside. The matter is remanded back to the learned Tribunal for decision of appeal no. 4688/2021 afresh on its merit. In view of urgency expressed by the learned counsel for the petitioner, the learned Tribunal is requested to hear the appeal at earliest preferably within a period of a week from the date of receipt of a copy of this order.