Ajay Rastogi, J. - (1.) PETITIONER while serving as Senior Teacher having remained posted at one place since August, 2009 in Govt. Upper Primary School Khokawala Bassi vide order dt. 30/09/2010 on being transferred within district Jaipur at Jhuta Sirodiyo Ki Dhani Sambhar Lake, allegedly as per own saying at a distance of 90 Kms preferred appeal -3681/2010, which at first instance, was dismissed by learned Tribunal vide order dt.18/11/2010, with the direction to the Petitioner to make representation and Respondents were also directed to decide his representation in accordance with law but the same was rejected by the authority vide order dt.23/12/2010, which again was challenged in Appeal -49/2011 but was dismissed by the Tribunal vide judgment impugned herein after having taken note of the fact that the Petitioner remained posted at Bassi since August, 2009 and has been transferred vide order impugned only at a distance of 90 kms within district Jaipur.
(2.) COUNSEL submits that from order of transfer dt.30/09/2010 impugned it clearly manifest that he has been transferred as if on his own request since TA/DA claim has been made admissible to him and that apart, his wife is also posted at Bassi and as per Government Circulars issued from time to time, if both the spouse are Government servant, they are to be posted at one place. Counsel further submits that the State authority has rejected representation of Petitioner in an arbitrary manner vide order dt.23/12/2010 and that too has not been properly appreciated by learned Tribunal while rejecting his appeal vide judgments impugned herein and main thrust of Petitioner's Counsel is that some of judgments reference of which has been made, have no application in the facts of present case, which according to Counsel clearly shows that facts on hand have not been examined by the learned Tribunal while rejecting his appeal.
(3.) SUBMISSIONS made by Counsel are wholly without substance for the reason that as regards grievance raised about non -payment of TA/DA, competent authority while rejecting his representation vide order dt.23/12/2010 has clarified that due to an error, it was mentioned and since the transfer order has been passed in the interest of administration, the benefit of TA/DA can be claimed by him.;