CW 8227/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8227/08 Narain Das Gupta Versus UOI & Ors. DATE OF ORDER : 25/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.P. Sharma, for petitioner *** Petitioner who initially joined service as Junior Assistant Gr.I later on appointed as Senior Assistant Gr.II and so also Senior Assistant Gr.I and since October, 1997 or prior thereto he is working in one of the unit Jaipur Ashok of Indian Tourism Development Corporation and has now been transferred by giving officiating promotion for the post of Superintendent [Accounts] in higher pay scale at hotel Bharatpur Ashok vide order Ann.3 dt.4th August, 2008 and further corrigendum was issued making effective after one month from the date he resumed duties at Bharatpur dt.5th August, Ann.4. Counsel submits that because of family circumstances he submitted application for forgoing his promotion, but the same has not been considered and apart from it, he further submits that ordinarily a person who joined in one of the unit of the Corporation has never been transferred and the power of transfer available CW 8227/08 [2] with the authority under Standing Order 22 (7) is sparingly used by the authority. Petitioner if holding transferable post certainly in exigency of service or in the interest of administration can be transferred. Moreso, he remained posted in one unit for almost more than 11 yrs. by now. Even in the instant case, he has been transferred on promotion as Superintendent [Accounts] and certainly, in opinion of this court, a person who is holding transferable post not on promotion even on the equivalent post can be transferred in the interest of administration. No malice has been imputed against the authority also. Consequently, the writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA8227CW2008 25-8.doc