Usha Charan vs The State Of Rajasthan
2022 Latest Caselaw 1641 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1305/2022

Usha Charan W/o Hinglajdan Charan, Aged About 42 Years, R/o 166, Lane No. 4, Hanwant A, Paota C Road, Jodhpur At Present Posted As Teacher Subject- Hindi At Government Senior Secondary School, Nevra Road, Osian

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.)

2. The Director, Department Of Secondary Education, Bikaner, Rajasthan

3. Joint Director, Department Of Secondary Education, Bikaner, Rajasthan

4. Smt. Suman Charan W/o Sh Sandeep Ratnu, R/o 338, Laxmi Nagar, Paota 'b' Road, Jodhpur

----Respondents

For Petitioner(s) : Mr Kunal Bishnoi (VC) For Respondent(s) : Mr Deepak Jangid for Mr Hemant Choudhary, Mr Parmendra Bohra (VC)

HON'BLE MR. JUSTICE ARUN BHANSALI

Judgment / Order

02/02/2022

This writ petition has been filed by the petitioner being

aggrieved of the order dated 17.12.2021 passed by the Rajasthan

Civil Services Appeal Tribunal (herein after 'the Tribunal') whereby

an appeal filed by the petitioner against her transfer vide order

dated 02.02.2021 has been rejected.

The petitioner was transferred from Jodhpur to Osiyan,

District Jodhpur. Feeling aggrieved, the petitioner filed an appeal

before the Tribunal. The Tribunal initially granted an interim order

(2 of 3) [CW-1305/2022]

and after reply by the private respondent was filed, after hearing

the parties came to conclusion that the order of transfer can not

be said to be mala fide so as to require interference and

consequently, dismissed the appeal.

Feeling aggrieved, present writ petition has been filed by the

petitioner.

It is submitted by learned counsel for the petitioner that the

Tribunal has not taken into consideration the physical condition of

the petitioner, who is suffering by serious gynaecological problem

and is required to be treated by Doctor at Jodhpur, which aspect

was specifically raised before the Tribunal and was taken into

consideration while passing the interim order.

Submission has been made that on account of physical

condition of the petitioner, which continues even now, the said

aspect needs to be taken into consideration by the respondents,

which has not been taken into consideration. Learned counsel

made further submission that one post is available within the area

from where the petitioner has been transferred and therefore, the

respondents may be directed to consider a representation to be

filed by the petitioner, including the fact that her husband is also

serving at Jodhpur.

In view of the above fact situation, wherein the Tribunal has

come to conclusion that the order passed is not mala fide and has

refused to interfere with the said order, no interference by this

Court in the order impugned is called for.

However, looking to the issue raised by the petitioner

regarding her medical condition as well as the fact that her

husband is also serving at Jodhpur; the petitioner may make a

representation to the respondents, who are directed to decide the

(3 of 3) [CW-1305/2022]

same appropriately and expeditiously, preferably within a period of

10 days from the date the representation along with a copy of this

order is presented by the petitioner to the competent authority.

With the above observations, the petition stands disposed of.

(ARUN BHANSALI),J 55-MMA/-

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