Ramavtar Bairwa S/O Shri Bhuwanya ... vs State Of Rajasthan
2023 Latest Caselaw 162 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Special Appeal Writ No. 1353/2022

Ramavtar Bairwa S/o Shri Bhuwanya Bairwa, Aged About 46
Years, R/o Village Matlana, Post Hodayali, Tehsil Lalsot, District
Dausa (Raj.) At Present Working On The Post Of Sr. Teacher
(Sanskrit) In Govt. Upper Primary Sanskrit School                           Budla
Maharajpura (Lalsot), Distt. Dausa.
                                                                     ----Appellant
                                     Versus
1.     State     Of    Rajasthan,          Through          Principal   Secretary,
       Department          Of       Sanskrit          Education,        Rajasthan,
       Secretariat, Jaipur.
2.     Director, Sanskrit Education, Rajasthan, Second Floor,
       Block-6, Shiksha Sankul, J.L.N. Marg, Jaipur.
3.     Headmaster, Govt. Upper Primary Sanskrit School Budla
       Maharajpura (Lalsot), Distt. Dausa.
4.     Smt. Prem Meena, Sr. Teacher (Sanskrit), Govt. Upper
       Primary Sanskrit School Budla Maharajpura (Lalsot),
       District Dausa.
5.     Gopal Singh Hodyali, General Secretary, Block Congress
       Committee Chandsen, Lalsot, Dausa.
                                                                  ----Respondents

For Appellant(s) : Mr. P.C. Sharma

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

05/01/2023

1. Heard Mr. P.C. Sharma, learned counsel for the petitioner-

appellant.

2. The petitioner-appellant has preferred this appeal aggrieved

by the judgment and order dated 02.12.2022 passed by the

(2 of 3) [SAW-1353/2022]

learned Single Judge dismissing his writ petition challenging the

orders of transfer of the petitioner.

3. The petitioner is a Senior Sanskrit Teacher, who was posted

at Lalsot, Dausa in the Government Upper Primary Sanskrit

School. He was transferred within the District on 11.09.2022, but

the said transfer order was kept in waiting and in the meantime, a

fresh transfer order was issued on 24.09.2022 transferring him

from Dausa to Malpura, Tonk.

4. The petitioner-appellant challenged the above transfer orders

in an appeal before the Rajasthan Civil Services Appellate Tribunal

and the same was dismissed on 10.11.2022. Not satisfied by the

order of the Tribunal, the petitioner-appellant preferred a writ

petition and the same has been dismissed by the impugned

judgment and order.

5. In assailing the transfer orders and the orders passed by the

Tribunal and the Writ Court, the submission of learned counsel for

the petitioner-appellant is that the petitioner has been victimized

and he has been transferred on the political intervention. In this

connection he has drawn the attention of the Court to the letter

dated 25.06.2022 alleged to have been written by one Gopal

Singh Hodyali, General Secretary, Block Congress Committee

Chandsen, Lalsot to the Minister for Sanskrit Education requesting

for the transfer of the petitioner-appellant.

6. There is no material on record which may indicate that the

aforesaid letter was served to the addressee, or that the

addressee i.e. Minister for Sanskrit Education had taken any action

on the said letter for the purposes of transfer of the petitioner-

appellant.

(3 of 3) [SAW-1353/2022]

7. In view of the above, mere writing of this letter, which is also

in doubt, it cannot be said that the petitioner-appellant has been

transferred on the political intervention. Learned Single Judge in

dismissing the writ petition has also opined in the same manner

and has stated that the plea of political intervention cannot be

taken by simply making reference to some letter, unless the same

is co-related with the order of the transfer.

8. In view of the aforesaid facts and circumstances, we find no

merit in the appeal and the same is dismissed.

                                   (SHUBHA MEHTA),J                                                     (PANKAJ MITHAL),CJ

                                   KAMLESH KUMAR/RAJAT/13









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