1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1666/2010 Smt. Urmila Gaur vs. Director Secondary Education, Rajasthan, Bikaner & Ors. Date of order : 29/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Archana Mantri for the petitioner. Shri Ganesh Meena, Government Counsel ) Shri Kumud Singh ) for respondents. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner challenging the judgement of the Rajasthan Civil Services Appellate Tribunal dated 21.1.2010 by which the appeal of the writ petitioner, assailing the order of her transfer from Government Girls Secondary School, City Bundi to Government Girls Secondary School, Sumerganj, Bundi dated 18.12.2009, has been rejected. Contention of the learned counsel for the petitioner is that petitioner out of total service of 30 years has remained posted in rural area whereas respondent no.2 who is posted vice the petitioner has been transferred to the same school. She has been working at Bundi itself for last 22 years. It is contended that out of that 22 years, 2 she has remained posted in the same school i.e. Maharani School, Bundi for last 20 years. The order of transfer has been made to accommodate her. Smt. Archana Mantri, learned counsel for the petitioner submits that petitioner's son who is aged 30 years is suffering from polio and he being handicapped, petitioner is responsible for taking his care. The respondents ought to consider the hardship that the petitioner is facing as she has been posted at a place which is 82 kms away from Bundi. Shri Ganesh Meena, learned Government Counsel appearing for the State opposed the writ petition and submitted that petitioner has been transferred by the impugned order dated 18.12.09, while she was promoted and on promotion one has to proceed on the place of transfer. She cannot insist on his continuation at that school in Bundi only. It is submitted that petitioner has also most of the time remained posted at Bundi. In this connection, learned counsel invited attention of the Court towards the observation made by the Tribunal in the 3 impugned order to say that the petitioner remained posted at Bundi from the year 1975 to 1981 and thereafter from the year 1994 to 2007. Having heard the learned counsel for the parties and perused the material on record, I find that although it may be a fact that respondent no.2 has continued at Bundi for quite some time but at the same time, petitioner has also been working at Bundi. Petitioner has been posted on promotion outside 82 kms away from Bundi. If she has any difficulty or hardship, it is for the respondents to consider such difficulty. Keeping in view however the fact that the order of transfer has remained stayed on account of ad interim stay order passed by this Court on 8.2.2010, this writ petition is disposed of by directing the Director, Secondary Education, Rajasthan, Jaipur to pass fresh order of transfer in the case of petitioner as well as respondent no.2 applying his mind keeping into the administrative exigencies of service and also considering the representation, if any, made by each of them pointing out the 4 hardship which they might face. This Court cannot in the matter of transfer, interfere unless it is shown that the order has been passed in violation of some of the statutory rules or there was any mala fide on the part of any of the functionaries of the State. The interim order of stay shall however remain operative for a period of two months from now, within which period the respondents would be required to pass fresh order of transfer. The writ petition is disposed of accordingly. (MOHAMMAD RAFIQ), J. RS/