LAWS(RAJ)-2010-12-71

RAMDEV CHANGAL Vs. DEO (ELE) AND ORS.

Decided On December 06, 2010
Ramdev Changal Appellant
V/S
DEO (Ele) and Ors. Respondents

JUDGEMENT

(1.) Petitioner while serving as Teacher Gr.III for last more than two years in Government Primary School Govindpura Panchayat Samiti Juwaja (Ajmer) on being transferred to Shahpura Village Juawaja (Ajmer) situated at a distance of 40 kms as alleged, within same district Ajmer, vide order dt.26/09/2010 preferred appeal -2695/10 before the learned Tribunal, which after hearing Appellant's counsel, issued notices but declined to grant interim relief vide order dt.26/10/2010 which has been assailed herein.

(2.) Counsel submits that Petitioner has remained posted at his last posting for two years only; in such circumstances, there appears to be no justification in transferring him under order impugned and action of Respondents cannot be considered to be in the interest of administration.

(3.) Submission made by Counsel is wholly bereft of merit for the reason that as per Petitioner's own saying, after being appointed as Teacher Gr.III vide order dt.01/03/2008 and having remained posted at his first place of posting for last more than two years, has been transferred at nearby place situated at a distance of 40 kms within same Panchayat vide order impugned. Transfer is otherwise an incidence of service and no lien can be claimed by Government servant to remain posted at one place. It is not the case of imputing either allegations against the authority which has passed the order of transfer impugned; or asserting violation of any statutory rules. This Court does not find any manifest error which may warrant interference in the orders impugned