Judgment:
S.B. CIVIL WRIT PETITION No.6935/2014. Narendra Singh Chundawat Vs. State of Rajasthan & Ors. Order dated 08/10/2014 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER
:: S.B. CIVIL WRIT PETITION No.6935/2014. Narendra Singh Chundawat Vs. State of Rajasthan & Ors. Date of Order ::::
08. h October, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Kaushal Sharma, for the petitioner. -- BY THE COURT:
1. Heard learned counsel for the petitioner.
2. The present writ petition has been filed by the petitioner, Narendra Singh Chundawat S/o Sh. Onkar Singh, in this court on 27.09.2013 with the following prayers:- “It is, therefore, most respectfully prayed by the petitioner before your Lordships that; this writ petition filed by the petitioner, may kindly be allowed with cost and; (a). By an appropriate writ order or direction, in S.B. CIVIL WRIT PETITION No.6935/2014. Narendra Singh Chundawat Vs. State of Rajasthan & Ors. Order dated 08/10/2014 2/4 the nature thereof; the respondents may very kindly be directed to consider the case of petitioner for his transfer, near to his home town, at any one of the school out of 4 choices given in the representation dated 04.08.2014 (Annex-7), by giving due weitage to his physical disability. (b). By an appropriate order, writ or direction in the nature thereof; the respondents may kindly be directed to consider the request of petitioner for transfer near to his home-town in accordance to the provisions contained under Rule 289 of the Rajasthan Panchayati Rules 1996, by considering his case sympathetically on humanitarian grounds. (c). By an appropriate writ order or direction, the respondents may very kindly be directed to consider the representation of petitioner, submitted vide dated 04.08.2014 (Annexure-7) and decide the same, considering the disability factor of petitioner, for his transfer to his nearby home town in Tehsil Deogarh, District-Rajsamand. (d). Any other appropriate order or direction, deemed just and proper in the facts and circumstances, may kindly be passed in favour of the petitioner.”. 3. The petitioner was appointed on the post of Teacher Grade III vide the order dated 19.05.2005 at Govt. Upper Primary School, Banokada, Tehsil: Kumbhalgarh, District: Rajsamand S.B. CIVIL WRIT PETITION No.6935/2014. Narendra Singh Chundawat Vs. State of Rajasthan & Ors. Order dated 08/10/2014 3/4 and thus he has completed 9 years of regular service. The petitioner is said to have physically handicapped person with 50% disability in his leg. According to petitioner, his wife is also physically handicapped person. On account of such disability, the petitioner and his wife both are facing lot of difficulty even in moving one place to another and in discharge of their day-to-day affairs. The petitioner submitted his representation vide Annex.5, dated NIL, to the concerned Hon'ble Minister (Education) for seeking his transfer in his home town or nearby area of his home town in Tehsil Deogarh, District: Rajsamand. It has also been averred by the petitioner that he has submitted a representation (Annex.7) dated 04.08.2014, however, a perusal of the Annex.7 representation would reveal that the same has not been addressed to the any authority and it could not be ascertained as to which authority, the same is addressed.
4. The petitioner has made vague and bald averments in the writ petition that he has made several representations but the same have not yielded anything till today. The representation (Annex.5) filed with the writ petition even does not bear the date on which the same is alleged to have been served; and as far as the Annex.7 representation is concerned, it could not be ascertained that as to which authority it has been addressed. S.B. CIVIL WRIT PETITION No.6935/2014. Narendra Singh Chundawat Vs. State of Rajasthan & Ors. Order dated 08/10/2014 4/4 5. In the opinion of this Court, no such mandamus direction can be issued by this Court under Article 226 of the Constitution of India even directing the authorities concerned to decide such representation.
6. In view of above discussion, the present writ petition filed by the petitioner is found to be bereft of any merit and the same is hereby dismissed. No costs. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.
DJ/- 14