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Rajasthan High Court · body

2009 DIGILAW 1195 (RAJ)

Usha Kiran Joshi v. The State

2009-05-01

PRAKASH TATIA

body2009
JUDGMENT 1. - By these writ petitions, transfer order dated 6.8.2008 (Annex.2) has been challenged by the petitioners. The grievance of the petitioners is common that they have been transferred to a different place where in fact there are no students in the school. It is also submitted that they are also low paid employees and they should not have been transferred. Other objections have also been raised in the writ petition. 2. This Court stayed the operation of the order dated 6.8.2008 by order dated 14.8.2008 and, therefore, the petitioners are continuing at their original place of posting from where they were transferred to the other place. Looking to the totality of the facts of the case, it will be appropriate that the order dated 6.8.2008 is quashed only on the ground that the petitioners are yet working at the place where they were working before the impugned transfer order was passed and about more than eight months have already and connected writ petitions. passed. However, the competent authority of the State will be free to pass appropriate order again if any administrative exigency requires their transfers and that can be done in accordance with rules. While doing so, the authority concerned shall keep in mind the relevant provisions and look into the competence in passing the order of transfer.All these writ petitions are, therefore, allowed as indicated above.Writ Petition Allowed. *******