RAJASTHAN SHIKSHAK SANGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) VIDE the order passed on 13.7.1994 the notices were ordered to be Issued to the respondents for 18.7.1994 to show cause as to why the petition be not admitted and disposed of at this stage, if possible. On that very day, the notices regarding stay application were also ordered to be issued. The matter came up before me in sequence of the above order on 18.7.1994 and the learned Additional Government Advocate put in appearance for the respondents and prayed time to file reply. The reply was ordered to be filed on or before 20.7.1994. While looking at the matter I formed the opinion that it was too short a matter which could be decided at the admission stage itself and its was for this reason it was ordered to be listed for arguments in the main writ petition itself. It is under these circumstances that the matter has come up before me again today and both the learned Counsel have consented that the matter be finally disposed of at this stage itself and I proceed to decide the same.

(2.) THIS petition has been filed by the petitioner Union on behalf of the Teachers Gr. Ill who have been ordered to be transferred by the District Education Officer respondent No. 3 It is said that the Teachers mentioned in Schedule A are members of the Union and they are regulated in matters of transfer by the Policy framed by the Government for the Session 1994 -95 and has been placed as Annex. 1 on the record of this writ petition. These teachers mentioned in Schedule A are working as Teachers Gr.III (General) and the District Education Officer (Elementary) respondent No. 3 has issued the transfer order on 22.6.1994 Annex.2 which has been impugned in this petition. The grievance of the petitioner is that these teachers have been transferred on the strength of Condition No. 2 of the Transfer Policy Annex. 1 and on a reading of condition No. 2 of the Transfer Policy under which this power has been exercised by the respondent No. 3 these teachers are not covered by it and, therefore, Annex. 2 the transfer order be struck down. The operative part of Annex. 2 reads as under: .........[vernacular ommited text]...........

(3.) IT is the admitted case that it is Annex. 1 which is the Transfer Policy for the Session 94 -95 and the same was issued on 3.6.1994 by the Government. Condition No. 2 reads as under .........[vernacular ommited text]...........