Ajay Rastogi, J. - (1.) INSTANT petition has been filed assailing order dt.08/11/2010 (Ann.1) whereby learned Tribunal while issuing notices of appeal as well as stay application, however, declined to grant ex parte relief as prayed for.
(2.) PETITIONER while serving as Teacher Gr.III, having remained posted at Govt. Primary School, Shekhsar Panchayat Samiti Jhunjhunu since 1994 on being transferred vide order dt.26/09/2010 within district Jhunjhunu at a distance of 80 kms as alleged, preferred appeal before the Tribunal where taking note of submissions made on behalf of Petitioner, considered it appropriate to issue notices of the appeal as well as stay application but declined to grant ex parte relief. Hence instant petition. Counsel submits that Respondent -4 has a longer stay than Petitioner and only to accommodate him, she has made scapegoat on being transferred vide order dt. 26/09/2010 impugned in the appeal. The submission even on merits is wholly without substance for the reason that Petitioner, herself, remained posted at one place since 1994 as per her own saying, and has been transferred within district Jhunjhunu at a distance of 80 kms.
(3.) TRANSFER is an incidence of service and will not confer any right or create any lien in favour of government servant to remain posted at one place for all times to come. It is not the case of Petitioner imputing any malice against the authority which transferred her or that there is violation of statutory rules. In absence whereof, transfer impugned is not to be interfered with in extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. This Court finds no justification to entertain the writ petition.;