MAHENDRA BHUSHAN SHARMA, J. - (1.) THIS case involves an important question as to whether the transfer of a government servant to a similar post in the similar cadre is a service matter within the meaning of Section 2(f)(v) of the Rajasthan Civil Service (Service Matters Appellate Tribunal) Act, 1976 (Act No. 34 of 3976) (for short the Act) and as such the jurisdiction of the civil court is excluded under Section 10 of the Act?
(2.) THE petitioner Ramcharan Das was appointed as Head Master Government Secondary School, Ramjipur Kalan (Jaipur) in December 1984, which is said to be at a distance of 30 miles from Jaipur. He made a request to the Chief Minister for his transfer to Jaipur city on the ground that he is a cronic patient of disentry and needs constant medical help at times. The petitioner has got a widowed sister whose entire family of 10 members is dependent on him. His sister lives in Dinanathji -ki -Gaii at Jaipur. He was twice operated upon for 'Harinya' and a similar request was made to the Education Minister and Director, Primary and Secondary Education. His request was ultimately accepted and under order dated July 15, 1986 he was transferred from Government Higher Secondary School Ramjipura Kalan to Government Higher Secondary School, Residency, Jaipur vice the non -petitioner No. 3 Manak Chand Agrawal who was Head Master at the Residency School for the last about 2 -1/2 years. He assumed charge on July, 19, 1986 because the respondent No. 3 was not available and information was sent to the various authorities including a telegram on July 19, 1986 to the Director Primary and Secondary Education Government of Rajasthan Bikaner. The respondent No. 3 was also sent information to send the key of the double lock and record relating to cash but the respondent No. 3 avoided giving of the key. He (petitioner) however started effectively functioning as Head Master of the Residency School since July 19, 1986 and the salary for the month of July, 1986 was also drawn by him. The respondent No. 3 filed a suit for injunction vide plaint Annx. 4 in which the petitioner was not impleaded as a party and only the State through Chief Secretary and the Director, Primary and Secondary Education, Rajasthan Bikaner were impleaded as defendants. An application for it junction under Order 39, Rules 1 and 2 CPC (Annx. 5) was also made in that suit and the Court ordered issue of notice to the two defendants in the suit. The Court held that service on the defendant -non -petitioner No. 2 Director, Primary and Secondary Education Rajasthan, Bikaner was not proper. The respondent No. 3 then gave out that he does not want any relief against him and the learned Munsif and Judicial Magistrate, Court No. 4 who was also looking after the work of the Court of Addl. Munsif and Judicial Magistrate, Court No. 2, Jaipur under his order dated August 2, 1986, allowed the injunction application and issued temporary injunction to the effect that the respondent No. 3 should not be relieved from his present posting (Head Master at the Residency, School) till further orders.
(3.) SHOW cause notice was issued to the respondents and Mr. Satish Chandra Agrawal, appeared for respondent No. 3 and reply has been filed.;