Girja Prasad Sharma Vs. State of Raj. and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126653
CourtRajasthan Jodhpur High Court
Decided OnFeb-03-2014
AppellantGirja Prasad Sharma
RespondentState of Raj. and ors
Excerpt:
s.b. civil writ petition no.1524/2013 girja prasad sharma vs. state of rajasthan & ors. order dt:03. 02/2014 1/2 in the high court of judicature for rajasthan at jodhpur order s.b. civil writ petition no.1524/2013 girja prasad sharma vs. state of rajasthan & ors. date of order :::03. d february 2014 present hon'ble dr. justice vineet kothari appearance: mr. pritam solanki, for the petitioner. -- by the court:1. the petitioner in the present writ petition has called in question the impugned transfer order dated 12.02.2013 (annex.4), whereby the petitioner who was working as 'prabodhak' (teacher) at government secondary school, chimana to a school (govt. primary school, arnadiya), which was not in existence as on the date of such transfer as one sh. navla ram, donated land measuring 3 bigha.....
Judgment:

S.B. Civil Writ Petition No.1524/2013 Girja Prasad Sharma Vs. State of Rajasthan & Ors. Order dt:

03. 02/2014 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

S.B. Civil Writ Petition No.1524/2013 Girja Prasad Sharma Vs. State of Rajasthan & Ors. DATE OF ORDER

:::

03. d February 2014 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Appearance: Mr. Pritam Solanki, for the petitioner. -- BY THE COURT:

1. The petitioner in the present writ petition has called in question the impugned transfer order dated 12.02.2013 (Annex.4), whereby the petitioner who was working as 'Prabodhak' (Teacher) at Government Secondary School, Chimana to a school (Govt. Primary School, Arnadiya), which was not in existence as on the date of such transfer as one Sh. Navla Ram, donated land measuring 3 Bigha of Khasra No.56/3 for setting up of the school.

2. The ground of attack on the said transfer order is that the petitioner has been transferred at a place where actually the school was not even established and the petitioner as a Teacher, was asked to do the job of obtaining the possession of the land and then set up S.B. Civil Writ Petition No.1524/2013 Girja Prasad Sharma Vs. State of Rajasthan & Ors. Order dt:

03. 02/2014 2/2 the school, which cannot be said to be job of a teacher. He, therefore, argued that the impugned transfer order is illegal and deserves to be quashed.

3. While issuing notices to the respondents, a coordinate bench of this Court vide the order dated 18.02.2013, stayed the operation of the impugned transfer order and even after expiry of almost one year, the respondents have not filed any reply to the writ petition.

4. Prima-facie, the impugned transfer order dated 12.02.2013 (Annex.4), appears to be rather strange and cannot be said to be in normal course of administrative exigency of the respondent Education Department. Therefore, after hearing the learned counsel for the petitioner, the impugned transfer order dated 12.02.2213 is quashed and it is observed that the respondents will be at liberty to pass fresh appropriate order in the interest of administrative exigency, if any, in future.

5. With these observations and directions, the writ petition is disposed of. No costs. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.

DJ/- 63