- (1.) AFTER having heard the learned counsel for the petitioner- appellant and having perused the material placed on record, we are unable to find even a wee bit of reason to consider interference in this intra-court appeal.
(2.) THE sum and substance of the matter remains that the petitioner-appellant, working on the post of Lecturer (Hindi) and posted at Government Senior Secondary School, Bagore, District Bhilwara was transferred to Gyangarh, District Bhilwara by an order dated 31.05.2012 as issued by the Director, Secondary Education, Rajasthan, Bikaner. The appellant attempted to question the aforesaid transfer order by way of an appeal (No. 794/2012) before the Rajasthan Civil Services Appellate Tribunal, Jaipur ('the Tribunal'). The grounds urged before the Tribunal were : one, that there was no provision made in the transfer order for travelling allowance and joining time meaning thereby that the transfer was made as if at the request though the appellant never made any such request; and second, that in the order impugned, his name was shown as Kishan Chand Joshi though his correct name was Krishan Chandra Joshi. The Tribunal found both the grounds as urged not making out a case for interference while observing that merely for the order impugned not containing the stipulation about travelling allowance and joining period, it could not be assumed that the transfer was made as if at the request; and that so far mentioning of the name was concerned, it could only be considered to be a clerical error. The Tribunal proceeded to dismiss the appeal while referring to the fundamental principles that the transfer would call for interference only if the same was shown to be contrary to the Rules or suffering from bias/mala fide. The petitioner-appellant attempted to question the order so passed by the Tribunal in a writ petition (CWP No. 9357/2012). The learned Single Judge of this Court, found no merit in the petition and declined to exercise writ jurisdiction while observing in the impugned order dated 19.07.2012 as under:- "I do not find any merit in the argument advanced. If transfer of the petitioner is made in administrative exigency and not at his own request, then he is certainly entitled for the travelling allowance and joining time. Mere non-mentioning of this entitlement in the order dated 31.05.2012 shall not preclude him from getting such allowance and joining time. The order impugned appears to be in administrative exigency and therefore, the Tribunal rightly refused to interfere with the same. It is well-settled that the courts are not required to interfere in a order of transfer until there is violation of statute or it is outcome of malafides or extraneous considerations or the same is shockingly arbitrary. No such eventuality exists in the instant matter. The order passed by the Tribunal, therefore, does not require any interference by this court while exercising powers under Articles 226 and 227 of the Constitution of India." Seeking to question the orders aforesaid, the learned counsel for the petitioner-appellant has strenuously contended that the Tribunal has not taken note of the substance of the submissions of the appellant and rather proceeded to dismiss the appeal on assumptions and surmises. Similarly, according to the learned counsel, the learned Single Judge of this Court has also not considered the substance of the submissions and grievance of the appellant.
(3.) THE submissions, in our view, remain totally bereft of substance. The petitioner-appellant is, admittedly, employed on a transferable post. He has been transferred within district Bhilwara from one place to another. By the order dated 31.05.2012, as many as 21 persons have been transferred from one place to another and nothing has been mentioned about joining time or travelling allowance but, by this fact alone, it cannot be assumed that the transfers had been made as if at the request. The learned Single Judge has rather been more considerate to the appellant in making observations that if the transfer was not made at the request, he would be entitled to travelling allowance and joining time. The observations as made by the learned Single Judge definitely take care of the grievance, if at all there be any. As rightly held by the Tribunal and the learned Single Judge, mere typographical error here or there would not vitiate the order in question. ;