CW 460/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.460/2010 Kanhaiya Lal Mahawar Versus State & Ors. Date of Order ::: 15/01/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Vijay Pathak, for petitioner Petitioner while serving as Gram Sevak was transferred for administrative reasons from Panchayat Samiti Bassi to Rajsamand by State Government in exercise of powers U/s 89(8A) of Rajasthan Panchayatiraj Act, 1994 vide order dt.13/11/09 (Ann.1) which was assailed before Service Appellate Tribunal in Appeal-1890/2009 and came to be dismissed vide order dt. 04/01/2010 (Ann.4). The learned Tribunal observed that petitioner after having remained posted in Bassi since the year 2000 has now been transferred vide order impugned. Counsel submits that the State Government issued Circular dt.24/02/2007 (Ann.2) directing respective authorities that Gram Sevaks ordinarily would not be transferred outside the district and if there is special reasons, prior approval from higher authority be obtained. Counsel further submits that petitioner is under treatment – in support whereof, document (Ann.3) has been placed on CW 460/10 //2// record; in such circumstances, looking to the nature of his ailment, petitioner is not in a position to serve at the placing of his posting under orders impugned, which cannot be said to be in the interest of administration. As regards State Government's Circular dt.24/02/07 (Ann.2), in the opinion of this Court, circular appears to be a direction to the authority subordinate to the State Government that only for special reasons, Gram Sevaks may be transferred outside the district but with prior approval of higher authority. However, in the instant case, petitioner has been transferred by the State Government, itself, requires no prior approval from higher authority; as such this Circular has no application in the facts of instant case. As regards medical ailment, it would be always for the petitioner to raise grievance before the authority but no opinion can be expressed by this Court and it is always for the authority to examine for posting of the employee in the interest of administration. This Court finds no manifest error being committed while passing the order impugned which may call for interference. Consequently, writ petition fails and CW 460/10 //3// is hereby dismissed. However, petitioner will be at liberty to file representation pointing out his difficulty to the competent authority and if such a representation is submitted, it would be open for the respondents to consider if required in the interest of administration and decide the same expeditiously. (Ajay Rastogi), J. K.Khatri/p3/ 460CW2010Jn15-DsTrns-Rep.doc