POONAM CHAND Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1991-8-10
HIGH COURT OF RAJASTHAN
Decided on August 01,1991

POONAM CHAND Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

JAIN, J. - (1.) THIS writ petition has been filed against the order dated July 11, 1991 passed by the District Education Officer, Jaisalmer transferring the petitioner from Dholiya to Delasar.
(2.) IT has been contended by the learned counsel for the petitioner that the order Annexure 2 states that the teachers enumerated in it are sent back to their original places of postings, the petitioner has been required to go from Dholiya to Delasar where he was not posted prior to his posting at Dholiyaand on this ground alone the order deserves to be quashed qua the petitioner. He further contended that the order smakes of arbitrary action, strongly suggestive of malice and is outcome of some manipulations. He lastly contended that the petitioner has old parents and his four children are reading -in village Dholiya and if he is required to go to Delasar he would not be able to look-after his old parents and family. There is no substance in the writ petition. Necessary particulars of the malice, manipulations and arbitrariness have not been given in the writ petition. There may be some factual mistake in the order Annexure 2 but the sum and substance is quite clear that the petitioner has been trasferred from Dholiya to Delasar. It has been observed in Shilpi Bose v. State of Bihar, (1) as follows: - "in our opinion, the courts should not interfere with a transfer order which are made in Public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department. If the courts continue to interfere with day-to-day transfer orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration which would not be conducive to public interest. The High Court overlooked these aspects in interfering with the transfer orders. " Consequently, the writ petition is summarily dismissed. .;


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