Sunita Vijay Wife Of Shri Lalita ... vs State Of Rajasthan
2022 Latest Caselaw 7573 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 1263/2022

Sunita Vijay Wife Of Shri Lalita Prasad Vijay, Aged About 58
Years,    Resident    Of    D-1,      Keshav        Nagar,        Sawai   Madhopur
(Rajasthan)
                                                                      ----Appellant
                                     Versus
1.       State Of Rajasthan, Through Secretary, Elementary And
         Secondary Education, Secretariat, Jaipur.
2.       Joint Director, School Education, Bharatpur Division,
         Bharatpur.
3.       Prem Raj Bairwa, Presently Under Transfer From The Post
         Of Senior Teacher, Government Upper Primary School,
         Kishangarh Chahara, District - Sawai Madhopur.
                                                                   ----Respondents

For Appellant(s) : Mr. Manish Kumar Sharma, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

01/12/2022

Heard.

Though there is no illegality in the order of transfer out of

which this appeal has arisen, we find that personal difficulties

have been put forth. It is stated that the appellant is going to

retire in fifteen months.

Learned counsel for the appellant stated that recently the

appellant has suffered brain stroke and she received treatment

and remained admitted in the Hospital at Jaipur wherefrom she

has been recently discharged.

(2 of 2) [SAW-1263/2022]

As far as the orders passed by the learned Single Judge and

that by the Tribunal are concerned, there is no illegality in the

orders because the transfer order is not assailed on the ground of

any illegality or mala fide. The issue of personal difficulty is made

on oral submission before this Court based on subsequent events.

Though we are not inclined to interfere with the order passed

by the learned Single Judge and the appeal is dismissed, but

considering the submission that the appellant is stated to have

suffered brain stroke recently, though discharged from the

hospital, the appellant may request the authority to adjust her for

some time on the ground of illness and authority shall examine

the same by taking a sympathetic view.

Subject to above observations, this appeal is dismissed.

For 30 days, no coercive action shall be taken against the

appellant.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /6

Powered by TCPDF (www.tcpdf.org)