- (1.) THIS intra-court appeal has been preferred as against the order dated 24.9.2010 passed by the Single Bench of this Court in CWP No.8636/2010 whereby Single Bench has dismissed the petition challenging the order of transfer of the petitioner from Government Upper Primary School, Jawahar Nagar, Sri Ganganagar to Government Upper Primary School, 3-D, Chhoti, Sri Ganganagar. The transfer is within the district of Sri Ganganagar itself.
(2.) THE petitioner has averred in the petition that the petitioner was promoted to the post of Headmaster in the year 2007. Where she was posted earlier, has not been mentioned in the writ petition. THE order of transfer was assailed on the ground that order was passed to accommodate respondent No.4 who is also a woman. The Single Bench has dismissed the writ application on the ground that the transfer order is based on administrative exigency which has not been alleged to be malafide or alleged to be issued by person having no jurisdiction to pass such an order. Consequently, the writ petition has been dismissed. Aggrieved thereby, this intra-court appeal has been preferred by the appellant. Learned counsel for the appellant has submitted that as the husband of the petitioner is working at a place from where the petitioner has been transferred, therefore the order transferring petitioner is violative of the policy. The order has been passed to accommodate respondent No.4, as such the same should have been quashed by the learned Single Judge. After hearing learned counsel for the appellant, we are of the opinion that how much is the period of stay of the petitioner from where she has been transferred, has not been mentioned in the writ petition, though it has been mentioned that she was posted as Headmaster in the year 2007 at Government Upper Primary School, Jawahar Nagar, District Sriganganagar, prior to that where she was posted, has not been mentioned. Whatever that may be, even if the petitioner was transferred from the place where she was working with effect from 2007 as Headmaster obviously she has completed normal tenure of three years, thus, the transfer was warranted as per the administrative exigency. It cannot be said that the transfer was in order to accommodate respondent No.4. Such orders are purely administrative in nature and cannot be said to be malafide. Accordingly, the appeal is found to be devoid of merit and the same is hereby dismissed.;