- (1.) THIS intra -court appeal is directed against the order dated 24.05.2011 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No. 4608/2011) filed by Petitioner -Appellant in the third attempt to challenge the validity of the transfer order dated 19.07.2010.
(2.) THE learned Single Judge has dismissed the writ petition by a short order that reads as under: Heard learned Counsel for the Petitioner. Earlier S.B. Civil Writ Petition No. 10036/2010 filed by the Petitioner challenging the validity of transfer order dated 19th of July, 2010 was dismissed by this Court on 18th of April, 2011. Now again the Petitioner is challenging the validity of same transfer order dated 19th of July, 2010 by way of filing present writ petition so also the order dated 11.5.2011 passed upon the representation filed by the Petitioner before the Respondents. In my opinion, transfer is an incident of service. No employee can claim for posting him at the place as per his choice. The Petitioner has repeatedly filed three writ petitions and challenging the order of transfer. In my opinion, no case for interference is made out in the transfer order dated 19.7.2010 and order dated 11.5.2011 passed by Respondents upon representation. Therefore, this writ petition is dismissed. Put in a nutshell, the case of the Petitioner is that transfer order came to be issued when he had about two years ' service left; and that he has not been transferred due to any administrative exigency but to accommodate the Respondent No. 3 at Hanumangarh. The Petitioner submits that he has ardently worked for development of information technology in the education field and launched the computer project for which his school had been honoured with the award of Computer Literacy Excellence by the President of India in the year 2004; and his work has been appreciated at all levels. It is submitted that the Petitioner has established and is supervising the District Computer Training Centre ( 'DCTC ') at Government Senior Secondary School, Hanumangarh Junction and his transfer to a remote place like Silvala Khurd would be detrimental to the functioning of DCTC.
(3.) IT is noticed that the impugned transfer order was passed on 19.07.2010 (Annex. 7). The Petitioner attempted to challenge the same by way of an appeal before the Rajasthan Civil Services Appellate Tribunal (Appeal No. 1713/2010) that came to be disposed of on 16.08.2010 (Annex. 8). The Tribunal, though found no case for interference in the light of the relevant decisions of the Hon'ble Supreme Court but, gave a liberty to the Petitioner to make representation and, while directing the Respondents to decide the representation within two months, stayed operation of the transfer order until then. The representation so made by the Petitioner was, however, rejected by the Director, Secondary Education, Bikaner on 21.10.2010 (Annex. 9). The Petitioner, thereafter, filed a writ petition to this Court (CWP No. 10036/2010) that was entertained in the first place on 01.11.2010 but was ultimately dismissed on 18.04.2011 (Annex. 11) with the observations that the transfer was an incident of service and if the Petitioner was having grievance, it was open for him to make representation to the authority concerned; and with the further observations that upon making of representation, the same shall be considered objectively within a period of ten days thereafter. The Petitioner, again, made a representation that was also rejected, now by the Commissioner, Secondary Education, Rajasthan, Bikaner by the order dated 11.05.2011 (Annex. 14) with the observations, inter alia, that the basic work assigned to the Petitioner was of teaching and administration of the school and it was required of him to render the services wherever required by the Government. It has also been observed that there was necessity of rendering better education in the rural areas. The Petitioner, again, filed the writ petition which has been dismissed by the order sought to be questioned in this appeal, as reproduced hereinabove.;