Rajasthan High Court
Manish Khichi Late Shri Chandram ... vs State Of Rajasthan on 12 November, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12998/2021
Manish Khichi Late Shri Chandram Khichi, Aged About 46 Years,
R/o A-191, Laxmi Narayan Puri, Near Ayurvedic Hospital, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Education Department, Secretariat, Jaipur, Rajasthan.
2. Director, Secondary Education, Rajasthan Bikaner,
Rajasthan.
3. Joint Director, School Education, Jaipur Division Jaipur.
4. Principal Senior Secondary School, Booj Jamwaramgarh,
Jaipur Division Jaipur.
5. Ram Prasad Meena, Presently Working On The Post Of
Senior Teacher (Science) In Govt. Senior Secondary
School, Bhinwalya, District Pali (Rajasthan)
----Respondents
For Petitioner(s) : Mr. Ganesh Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
12/11/2021
The instant writ petition has been filed assailing the validity
and legality of the order dated 22.10.2021 passed by the
Rajasthan Civil Services Appellate Tribunal, Jaipur (for brevity "the
learned Tribunal") whereby, the appeal preferred by him against
the order dated 14.08.2021, has been dismissed.
The facts in brief are that vide order dated 02.04.2005, the
petitioner was appointed as Teacher Grade-III and was posted at
Upper Primary School, Karkada in Tehsil Jamwaramgarh. After
(2 of 3) [CW-12998/2021]
promotion in Teacher Grade-II, vide order dated 28.10.2017, he
was posted at present place of posting i.e. Government Senior
Secondary School, Booj (Jamwaramgarh), District Jaipur. Vide
order impugned dated 14.08.2021, the petitioner was transferred
to Government Senior Secondary School, Sihali Khurd, District
Alwar and vide order dated even, the respondent No.5 was
transferred in his place. The appellant assailed the validity of the
transfer order on the premise that the same was passed to
accommodate the respondent No.5 and also on account that it was
in violation of Rule 17(1)(iv) of the Rajasthan Travelling
Allowances Rules, 1971 (hereinafter referred to as "the Rules of
1971") inasmuch as no TA/DA was made payable to him under the
transfer order. Vide order impugned dated 22.10.2021, the
learned Tribunal has dismissed the appeal.
Assailing the order impugned, only contention raised by the
learned counsel for the petitioner is that while dismissing the
appeal, the learned Tribunal did not appreciate that the transfer
order was in violation of the provision of Rule 17(1)(iv) of the
Rules of 1971, as no TA/DA was made payable despite the fact
that he did not request for his transfer and hence, his appeal
deserved to be allowed.
Heard learned counsel for the petitioner and perused the
record.
A perusal of the order dated 14.08.2021 assailed in the
appeal reveals that as many as 372 employees were transferred
thereunder. Clause 7 at the bottom of the transfer order reads as
under:-
"7. स्वेचच्छा सवे स ्छाान्छाानांततरंतरित क्छाारकार्मि क किक को ो यिक कोग क्छाल
ए्ानां ो य्छात्छा भतत्छा दवेो य ाननह ानां नहिक कोग्छा |"
(3 of 3) [CW-12998/2021]
By Clause 7, it was meant that whosoever is transferred on
his request, is disentitled for TA/DA and by no stretch of
imagination it can be held that all the employees under transfer
vide order dated 14.08.2021, were disentitled for payment of
TA/DA. This aspect has been appreciated by the learned Tribunal
while passing the order dated 22.10.2021. Even otherwise also,
judgment of Coordinate Bench of this Court in case of Sharwan
Kumar Prajapat versus State of Rajasthan, SB Civil Writ Petition
No.7341/2020, says that an order of transfer cannot be set aside
merely because no TA/DA has been made payable even if the
transfer was not on his request, which can always be directed to
be paid.
In view thereof, this Court does not find any perversity or
illegality in the order impugned dated 22.10.2021 warranting
interference of this Court.
The writ petition is dismissed accordingly.
(MAHENDAR KUMAR GOYAL),J
Manish/156
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