SBCWP NO.3889/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.3889/2010. Devi Ram Sharma Versus The Commissioner, Secondary Education Rajasthan, Bikaner & Ors. Date of Order:- April 2, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manoj Bhardwaj for the petitioner. Shri Anand Sharma for respondent No.3. ***** BY THE COURT:- Writ petition has been filed against the judgment of the Rajasthan Civil Services Appellate Tribunal, Jaipur by which, transfer order dated 11/10/2008 transferring petitioner from Phagi to Jaipur was set-aside by the Tribunal. 2) Shri Manoj Bhardwaj, learned counsel for the petitioner has submitted that petitioner in the whole of his service career never remained posted at Jaipur and it was for the first time by the aforesaid order, he was transferred from Phagi to Jaipur whereas, respondent No.3 remained earlier posted at Phagi and was brought to Jaipur in the year 2003 and since then, he is continuously serving at Jaipur. It is contended that the Tribunal had no justification to interfere in the matter of transfer merely because a letter of Ward Member of the SBCWP NO.3889/10. 2 Municipal Council Jaipur recommending transfer of respondent No.3 was produced before it. In any case, Tribunal was not justified in holding transfer so made in the administrative exigency of the services. Learned counsel for the petitioner in support of his aforesaid argument has cited the judgment of Supreme Court in Mohd.Masood Ahmed Vs. State of U.P. & Ors. : 2007(8) SCC 150. 3) Shri Anand Sharma, learned counsel for respondent No.3 has opposed the writ petition and submitted that letter was not letter of recommendation but a complaint by the complainant and on that basis, transfer was made, genuineness of which, was never disputed by the Government. Tribunal was therefore perfectly justified in quashing such order of transfer. 4) Upon hearing learned counsel for the parties, perusing the cited judgment and considering the other material, I find that transferring an employee is indeed in the administration domain of the Government. It is the Government to decide as to which employee should be posted at which place. Now that respondent No.3 has also served at Jaipur for a considerably sufficient period of time, present writ petition is disposed of with the direction that impugned judgment passed by the Tribunal shall be acted upon only for a period of two more months i.e. upto 31/5/2010, within which time, Government would be required to pass fresh order of transfer, both in SBCWP NO.3889/10. 3 the case of petitioner and respondent No.3 keeping in view the exigencies of its administration. 5) Copy of this order be endorsed to the Commissioner Secondary Education Rajasthan Bikaner for compliance. (MOHAMMAD RAFIQ), J. anil