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Judgment
Instant petition has been filed who is serving as Senior
Veterinary Officer who initially joined service as Veterinary Officer
in 1997 and promoted as Senior Veterinary Officer in 2014 w.e.f.
2006. It appears that the petitioner is also a local resident of
Alwar and remained posted in various Veterinary Hospital in Alwar
and even while in the year 2001, he was transferred from
Harshora to Bansoor, within District Alwar and vide order
dt.27.09.2016 he was transferred from Bansoor to Mohangarh,
District Jaisalmer, which his a Class-I, Veterinary Hospital.
The appeal came to be preferred at his instance before the
ld.Tribunal and his sole grievance was that the present order
impugned dt.27.09.2016 is not in the interest of administration
but he has became escape-goat just to adjust the impleaded
respondent Dr.Kailash Chand Sharma, who has either worked at
nearby place or within District Alwar and after the post became
vacant on account of petitioner''s transfer, the respondent has
come back to Bansoor, Alwar vide order dt.10.10.2016 and his
bone of contention in appeal preferred before the ld.Tribunal was
that such adjustments are nothing but a clear arbitrary exercise of
power by the authority invoking R.20 of the Rajasthan Service
Rules, 1951 and such transfers are neither in the interest of
administration nor in exigency of services and being a colourable
exercise of power is violative of Art.14 of the Constitution and
deserves indulgence of this court. At the same time, his further
submission is that since he has not been transferred on his own
request, he is entitled for joining time, as prescribed under the
Rules, 1981 and so also travelling allowance, as contemplated
u/R.4(1) of the Rules, 1971.
The ld.Tribunal disposed of almost 16 appeals of the different
departments with different nature of grievances being raised by
the individual appellant in regard to the order of transfer passed
by the concerned authority vide its order dt.09.11.2016. Although
a reference has been made that on merits, the petitioner has not
been able to persuade the ld.Tribunal to interfere but with no
discussion while taking note of the requirement of R.4(1) of the
Rules, 1981 which according to the ld.Tribunal has not been
complied with to the extent possible relief has been granted to the
petitioner while disposing of his appeal.
In compliance of order of the ld.Tribunal, the State
Government has passed further order on 22.12.2016 granting
them Travelling Allowance and Joining Time as being required
under the Rules, 1971 & 1981 respectively and since the
impediment which was put by the ld.Tribunal in its order has been
complied with, obviously the petitioner has to proceed and
virtually his appeal has been dismissed on account of change in
circumstances.
The main submission of counsel for petitioner is that the
order impugned dt.22.09.2016 is not in the interest of
administration and requires interference by this court.
The petitioner is working since, 1997 and for good number of
years he is in District Alwar might have been transferred
somewhere else in other District for some time and once he is an
Officer of the State cadre, can certainly be transferred to other
District within the State and it is also not the case of the petitioner
that while passing the order impugned dt.22.09.2016 there is a
violation of any statutory Rules or a case of malice being imputed
against the authority who has passed the order impugned and his
submission that it has been passed just to adjust the respondent
Dr.Kailash Chand Sharma is without basis for the reason that it is
very obvious that whenever the incumbent is transferred someone
has to be transferred vice him but that cannot be given a colour of
adjustment, as has been claimed and prayed for by the petitioner
and the transfer being an incidence of service, no one can claim
right to remain at one station and it is for the authority to post the
employee where it is required in the interest of administration.
This court finds no error being committed in the decision
making process adopted by the authority, which may call for
interference by this court.
Consequently, the instant writ petition being devoid of merit,
accordingly stands dismissed.