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2023 Supreme(Raj) 642

DINESH MEHTA
Rajesh W/o Late Shri Satveer Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Mr. Ramdev Potalia
For the Respondent: Mr. K.K. Bissa with Mr. G.S. Chouhan

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

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