Gumani Shankar Nagar vs State of Raj. and Others

Ajay Rastogi, J.—Instant petition has been filed by the petitioner assailing the order of the tribunal dt. 20.8.2010 declining to grant interim relief in appeal No. 1969/2010.

The petitioner who is holding the post of Principal after having remained posted as per her own saying since 2001 in District Bundi on being transferred to District Baran under order impugned dt.19.7.2010 preferred appeal before the Tribunal. The learned Tribunal after taking note of the submissions made admitted the appeal and issued notice for interim relief, however declined to grant ex parte order as prayed for under order impugned dt.20.8.2010.

Counsel submits that the petitioner after remained posted for ten months in the Government Institution at Bundi has been transferred under order impugned to District Baran which is at a distance of 150 kms and such action of the respondents cannot be said to be in the interest of administration or in exigency of service.

This Court does not appreciate the practice of filing writ petitions against the refusal of ex parte/interim order by the Tribunal since it is for the Tribunal to examine as to whether a case for grant of interim relief is made out or not. However, in the instant case, the Tribunal has assigned reasons while declining to grant ex parte order as prayed for under order impugned dt. 20.8.2010.

Apart from it, this Court has also examined on merits the submission made by the counsel for petitioner and suffice is to say that the petitioner remained posted in District Bundi for almost nine years by now and transferred to nearby adjacent District Baran under order impugned and it cannot be said to be arbitrary exercise of power by the authority and apart from it, transfer is an incidence of service and does not affect the service conditions; and no-one can claim lien as a matter of right to remain posted at one place of his choice. It is also not the case of the petitioner imputing malice against the authority who has passed the order of transfer impugned or alleged violation of statutory rules if any.

Taking note of the material on record, this Court does not find any substance in the writ petition and so also in the appeal preferred by the petitioner.

Accordingly, the writ petition has no merit and the same stands dismissed. Copy of this order may be be sent to the learned Tribunal.

After recording this order, counsel submits that he may be permitted to withdraw the appeal preferred. He may do so, as informed to this Court. No costs.