DINESH MEHTA
Rajesh W/o Late Shri Satveer Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. By way of present writ petition, while questioning the legality of the order dated 17.02.2020, the petitioner has prayed that the respondents be directed to transfer her from District Jaisalmer to her home District, namely District Jhunjhunu.
2. The facts necessary to be borne in mind are that the petitioner a resident of District Jhunjhunu, was appointed as a Teacher by order dated 22.09.2007. She joined her services at Government Primary School, Kalu Singh Ki Dhani, Mulana, Panchayat Samiti Sam, District Jaisalmer on 26.09.2007 and since then, she has been serving in District – Jaisalmer only.
3. The petitioner is presently posted at Government Upper Primary School, Achala, Rasla, Panchayat Samiti Sam, District-Jaisalmer amidst Thar desert, where not only the weather conditions even connectivity & infrastructure pose challenges.
4. The petitioner moved a representation dated 02.09.2019 to the District Elementary Education, Bikaner for her transfer in District Jhunjhunu, where her husband was working as Lower Division Clerk Jhunjhunu, citing that she wished to take care of her aging mother-in-law and two children.
5. The petitioner preferred a writ petition before this Co
No vested right to inter-district transfer for district cadre employees; authority's discretionary rejection valid if reasoned on basis of vacancies in parent district to safeguard students' academic....
In cases of extreme medical exigencies, the court may direct the consideration of inter-district transfer requests and examination for relaxation of eligibility norms.
Transfer decisions are within the authority of the employer and not for the employee to insist on or challenge.
Only teachers affected by district bifurcation are entitled to transfer benefits under the applicable policy; those remaining in their original districts have no vested rights.
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