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Judgment
Challenge in the present writ petition is to the order of
transfer dated 28.09.2016 (Annx.3) by which the petitioner has
been transferred from his present place of working i.e. Panchayat
Samiti Sagwada to Panchayat Samiti Galiyakot, District Dungarpur.
The petitioner was appointed on the post of Junior Technical
Assistant pursuant to an advertisement that was issued. A
contract of service was executed between the petitioner and
respondent wherein it was specified that the services of the first
party shall be non-transferable. The respondents herein have
transferred the petitioner and aggrieved the instant writ petition
has been filed.
In Civil Writ Petition No. 1146/2015 Sh. Ram Meena Vs.
State & Anr. Decided on 16.08.2016 Coordinate Bench of this
Court was seized of similar matter wherein Junior Technical
Assistants, who were employed on contractual basis were
transferred and the transfer order was challenged relying upon the
terms and conditions of standard contract executed between the
parties, wherein it was specifically mentioned that (contract of the
first party) employee shall be nontransferable. The Single Bench
after hearing arguments declined to exercise jurisdiction under
Article 226 of the Constitution of India, however, gave liberty to
submit representation to the competent authority for being posted
at appropriate place within the district which was to be considered
by the authority concerned.
In view of the fact that the Coordinate Bench has already
declined to interfere, no further orders are called in this regard.
However, the petitioner herein, if so advised is given to liberty
submit representation to the competent authority, who shall
decide the same as per the directions given in Sh. Ram Meena
(Supra).
The above noted writ petition is disposed of accordingly.