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2005 DIGILAW 715 (RAJ)

Dropdi Gehlot v. State of Rajasthan

2005-03-02

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-The instant petition has been filed by the petitioner challenging the order dated 30.09.2004 whereby the petitioner has been transferred from Government Girls Senior Secondary School, Punjala to Government Girls Secondary School, Osiya, Dist. Jodhpur. 2. The brief facts of the case are that the petitioner was initially appointed as Teacher Grade II in the year 1983 and the last posting place of the petitioner is Government Girls Sr. Secondary School, Punjala, Jodhpur. 3. It is further averred that vide order dated 30.09.2004 (Annexure-1), the petitioner has been transferred from Govt. Girls Sr. Secondary School, Punjala to Govt. Sr. Secondary School, Osiya. In pursuance of the order of transfer dated 30.09.2004, the petitioner was relieved. 4. Further case of the petitioner is that in place of the petitioner no other person has been posted at Govt. Girls Sr. Secondary School, Punjala, Jodhpur and the post is still lying vacant. 5. During the course of arguments, as question was raised by the Court as to whether the petitioner has filed appeal before the Rajasthan Civil Services Appellate Tribunal or not and as to why the petitioner has directly approached this Court without availing the alternative remedy. 6. Pursuant to the aforesaid query made by this Court, the petitioner has submitted an affidavit stating that she has filed appeal before the Rajasthan Civil Services Appellate Tribunal, but since the State Government has made amendment in the Rajasthan Service Appellate Tribunal Act, 1976 that the transfer matter will be heard by minimum three members bench, hence in want of members, Three members bench has not been constituted and the case of the petitioner has not been taken up by the learned Tribunal. It was also stated that the Learned Tribunal is not conducted regular sitting at Jodhpur since months together. 7. Heard learned Counsel for the Petitioner. 8. The petitioner is suffering very much and the matter is not being decided expeditiously, due to the non-setting of the Members of the Tribunal, whereas circumstances compel the matter to be decided as early as possible to redress the grievance of the party concerned. 9. It is a serious matter of concern that the appeal was filed by the petitioner before the Tribunal, but the matter has not been taken up by the Tribunal so far. Some advocates have also made a complaint that the Tribunal is not sitting regularly at Jodhpur. 9. It is a serious matter of concern that the appeal was filed by the petitioner before the Tribunal, but the matter has not been taken up by the Tribunal so far. Some advocates have also made a complaint that the Tribunal is not sitting regularly at Jodhpur. 10. It is very sad state of affairs that the Tribunal is not sitting at Jodhpur regularly. The matter requires serious consideration of the authority concerned. The Chairman is expected to look into the matter seriously and take immediately steps that the Tribunal conducts its sitting at Jodhpur regularly, so that no inconvenience is caused to the public in general and litigants in particular, as it causes a direct hindrance in the administration of justice. 11. In view of the aforesaid facts and circumstances, I deem it just and proper to direct the learned Appellate Tribunal to decide the appeal filed by the petitioner expeditiously as early as possible, preferably within a period of one months from the date of receipt of certified copy of this order. 12. The parties are directed to participate in the proceedings, pending before the Tribunal without seeking any unnecessary adjournments. A copy of this order be sent to the Chairman, Rajasthan Civil Services Appellate Tribunal, at Jodhpur for immediate and necessary action. 13. With the aforesaid observations and directions, the writ petition stands disposed of . There will be no order as to costs.