CW 14878/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.14878/2009 Vijay Dutt Sharma Versus State & Ors Date of Order : 04/12/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Lokesh Sharma, for petitioner Mr. PP Singh for respondent-2 Petitioner while holding post of Senior Teacher has been transferred from Divisional Office, Middle Board, Sanskrit Education, Jaipur to Government Sr. Secondary Sanskrit School, Kishangarh Renwal (district Jaipur) vide order dt.18/09/2009 which was assailed in Appeal-1366/2009, that too was rejected vide order dt.16/11/09. Counsel for petitioner submits that respondent-2 on being promoted as Teacher Gr.II vide order dt.13/08/09 (Ann.1) at one time was posted in Shrirampura-Bindayak but within a short span of a month, was transferred vice petitioner vide order dt. 18/09/2009 (Ann.2), which in no manner can be said to be in the interest of administration. Counsel further submits that mother of petitioner is not keeping good health as having suffered from Cancer and he is the only son to look after her while at the same time, CW 14878/09 //2// he is also suffering from heart ailment having continuous treatment under cardiologist. It appear from the contentions advanced at the bar that the authority might have taken care of personal problem of respondent-2 while posting him & transferring petitioner vice him vide order dt.18/09/09 impugned. It is relevant to mention that the place where the petitioner has been transferred and posted at Kishangarh Renwal is also at a distance of 60 kms in district Jaipur, after indisputably having remained posted at Divisional Office atleast for last three years. Transfer is an incidence of service, and the petitioner cannot claim a lien to continue at one station (divisional office, Jaipur) or within district Jaipur for all times to come. Personal hardships can always be considered by the authority. It is not the case of petitioner that the authority which has ordered the transfer impugned is biased or there is any violation of statutory rules. What has been submitted by Counsel for petitioner is being called as adjustment but in mitigating out difficulty with employees and the authority has taken decision to transfer the petitioner while in exercise of CW 14878/09 //3// powers U/r 20 of RSR in the interest of administration. Comparative hardship among the two is always within the domain of administration and not for this Court to look into in a limited scope of judicial review. The Tribunal has also examined material on record and found no justification to interfere with order of transfer impugned. This Court finds no manifest error being committed by the authority warranting interference. As regards medical ailment of his own & mother, as alleged, these are regular features which always continue to subsist in the life at a later stage but that cannot be a solitary reason to invoke extra ordinary jurisdiction U/Art.226 of the Constitution. At this stage, Counsel submits that petitioner may be permitted to make fresh representation appraising his difficulties, for which he is always at liberty, if advised. Consequently, writ petition is devoid of merit and is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.3/ 14878CW09Dec4-DsTrns.doc