- (1.) THE petitioner has laid this writ petition for claiming under mentioned reliefs:- "It is therefore, prayed that by appropriate writ, order or direction; respondent department be directed to pass appropriate order in respect of joining and further department be directed to pass appropriate order in respect of enquiry initiated in pursuance of transfer order dated 31.10.1984. Cost of this writ petition may kindly be awarded in favour of the petitioner. Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted".
(2.) TO claim the aforementioned reliefs the facts adumbrated in nut-shell are that at the threshold of the service career, the petitioner was appointed as Teacher Grade-III vide order dated 5.11.1977. After completion of the probation period, the petitioner was confirmed on the said post and vide office order dated 12.11.1980, she was allowed Annual Grade Increment. The petitioner has specifically averd in the writ petition that when she was posted at Government Upper Primary School, Kajnaukala, Jodhpur, a fraud was practicised and a spurious application purported to have been moved on her behalf was submitted before the competent authority to transfer her from that school. In fact, as per the petitioner, no such application was submitted by her. Be that as it may, the said application was considered and the order of transfer was issued on 31.10.1984 containing the recitals about the mutual transfer. When these facts were revealed to the petitioner, the petitioner immediately approached the concerned officer and apprised him about the fact that no such endeavour was made by her, seeking her mutual transfer from Kajnaukala School. Taking cognizance of the petitioner's grievance, the District Education Officer, Jodhpur vide order dated 15.1.1985 stayed the order of transfer dated 31.10.1984 and permitted the petitioner to re-join at Govt. Upper Primary School, Kajnaukala. In response to the said order, the petitioner submitted her joining at Kajnaukala on 28.1.1985, but the Principal of the institute has not permitted her to join her duties on the pretext that an enquiry relating to her application for voluntary transfer is pending consideration. Subsequent to that, undated representation (Annexure/6) was submitted by her followed by representation dated 07.5.1985 (Annexure/7). The grievance of the petitioner is that she has not been able to join her duties for the reason that inquiry is still pending. Lastly, the petitioner has pleaded that after waiting for almost 27 years, she has served a notice for demand of justice to the department on 25.4.2003 (Annexure/8) for seeking redressal of her grievance.
(3.) LEARNED counsel for the petitioner Mr. Vinay Jain and Mr. Kshamendra Mathur have vehemently argued that after cancellation of order of transfer, the petitioner has submitted her joining before the Principal of institution on 28.1.1985, but she was not permitted to join her duties and till date, she has not received any communication from respondents for joining her duties. Substantiating her contentions, learned counsel would urge that there was a total callousness on the part of the department in completion of the inquiry and, therefore, since 1985 she has not been able to perform her duties.;