Saroj Kumari D/o Moolchand v. State of Rajasthan, Through Direcotr
2018-01-22
ARUN BHANSALI
body2018
DigiLaw.ai
JUDGMENT Arun Bhansali, J. - This writ petition has been filed by the petitioner aggrieved against the inaction of the respondents in acting on the office order dated 10.03.2017 (Annex.-9), whereby it was recommended that as the petitioner has rendered four years or more of satisfactory service with Kasturba Gandhi Girls Residential School (KGBV), she may be transferred to her desired District i.e. Sikar. 2. The respondents vide advertisement dated 02.09.2014, inter alia, indicated that those teachers, who accept the deputation to KGBV and render four years of satisfactory service, would be entitled to be posted to their desired District. 3. The petitioner, was granted appointed vide order dated 25.11.2011 (Annex.-4) at KGBV, Nachna, District Jaisalmer. Whereafter, vide Annex.-5 dated 21.06.2016, she was relieved, inter alia, with the indication that she wanted to go to District Sikar. Thereafter the petitioner was granted posting at Govt. Girls Upper Primary School, Away, District Jaisalmer under the District Education Officer (Primary Education), Jaisalmer. Whereafter, again a recommendation was made by the Rajasthan Primary Education Council in terms of the Circular for posting in the desired District, however, when the petitioner was not posted at the desired District, the present writ petition has been filed. 4. In response to the writ petition, it has been indicated that the petitioner cannot claim any right for being posted at the desired District and, therefore, the writ petition deserves to be dismissed. 5. Learned counsel appearing for the respondents submitted that as the petitioner was given posting at Away, Jaisalmer, the further change of District form Jaisalmer to Sikar was not possible and, therefore, the petitioner has not been granted the benefit of transfer to her desired District. 6. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 7. It is not in dispute that the teachers, who were sent on deputation to the KGBV, were handed out an assurance that after completion of four years of satisfactory service at KGBV, they would be posted to their desired Districts, pursuant thereto, the petitioner had worked with KGBV and from the certificate issued by the respondents, it is apparent that she gave satisfactory service for the said period.
Thereafter based on the desire of the petitioner, she should have been posted at Sikar, however, the respondents, by their order posted the petitioner at a School in Jaisalmer District only and not as per her desired District-Sikar. 8. The reason indicated in the reply questioning the right of the petitioner and the submission made that as the petitioner had already been posted, she could not be sent to her desired District are totally baseless and cannot be countenanced. Once a specific policy has been framed by the State pertaining to the transfer after completion of four years satisfactory service to a desired District, unless there are compelling reasons and/or extra-ordinary circumstances to deny such a request of the petitioner, the respondents could not have denied the posting to the petitioner to her desired District. No such case has been made out in reply to the writ petition. 9. In view of the above discussion, the writ petition filed by the petitioner is allowed. The respondents are directed to accord posting to the petitioner in District Sikar as desired by her on completion of four years of service with KGBV. 10. The needful be done by the respondents within a period of three weeks from today.