Toaram vs State Of Rajasthan
2022 Latest Caselaw 14036 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16334/2022

Toaram S/o Jagmal Ram, Aged About 58 Years, R/o Plot No. A- 169, Kanta Khaturiya Colony, Back Side Of Haji Market, District Bikaner, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of School Education And Language, Rajasthan, Jaipur.

2. The Director Secondary And Primary Education, Bikaner, Rajasthan.

3. The Joint Director School Education, Bikaner Division, Bikaner.

----Respondents

For Petitioner(s) : Mr. Raghuraj Sharma. For Respondent(s) : Mr. Hemant Choudhary, G.C.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

29/11/2022

This writ petition has been filed by the petitioner aggrieved

against the order of transfer dated 24.09.2022, whereby the

petitioner has been transferred from Mahatma Gandhi

Government School, Shriramsar, Bikaner to Government Girls

Senior Secondary School, Kolasar, Bikaner.

Feeling aggrieved of the said order, the petitioner

approached the Rajasthan Civil Services Appellate Tribunal ('The

Tribunal'), wherein the submissions made were that under the

order of this Court in the case of Dr. (Smt.) Pushpa Mehta v.

Rajasthan Civil Services Appellate Tribunal & Ors. : D.B. Special

(2 of 2) [CW-16334/2022]

Appeal (Writ) No.11538/1999, decided on 16.12.1999, the

petitioner could not have been transferred within two years of his

superannuation.

The Tribunal, after hearing the parties came to be conclusion

that as the transfer is not inter-district, the judgment in the case

of Smt. Pushpa Mehta (supra) would have no application and

consequently, rejected the appeal.

Learned counsel for the petitioner made submissions that as

the petitioner is suffering from heart related ailment, transferring

of the petitioner is not justified and that though the petitioner has

made a representation to the respondents in this regard, the same

remains pending and has not been decided so far.

In view of the fact that insofar as, the order of the Tribunal is

concerned, the same is in consonance with the case of Smt.

Pushpa Mehta (supra), no interference is called for. However, so

far as the plea raised pertaining to the ailment of the petitioner

and the representation of the petitioner remaining pending, is

concerned, it is expected of the competent authority to decide the

pending representation of the petitioner appropriately and

expeditiously, preferably within a period of ten days from the date

a copy of this order is placed by the petitioner with the said

authority.

The petitioner would be free to file a fresh detailed

application, if so advised.

With the above directions, the writ petition filed by the

petitioner is disposed of.

(ARUN BHANSALI),J 71-Rmathur/-

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