IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR. D.B. CIVIL WRIT PETITION NO.3941/2007 Smt.Omvati Yadav W/o Sh.Virendra Singh, age around 51 years, R/o Vaishali Nagar, Jaipur. .....Petitioner Versus 1.Central Administrative Tribunal, through its Dy.Registrar, Jaipur Bench, Jaipur. 2.Commissioner, Kendriya Vidhyalaya Sanghatan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi. 3.Assistant Commissioner, Kendriya Vidhyalaya Sanghatan, Regional Office, 92, Gandhi Nagar, Jaipur. .....Respondents Date of Order:- July 10th , 2007. PRESENT HON'BLE MR.JUSTICE R.M. LODHA HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Amit Nath Mathur for the petitioner. **** DBCWP NO.3941/2007. { 2 } Oral Order:- (Per R.M. Lodha, J.) The transfer of an employee is always an incident of service and not its condition. By the order dated 16/4/2007, the petitioner have been transferred from KV No.5 Jaipur (2nd shift) to KV Nasirabad. This order came to be challenged by the petitioner before the Central Administrative Tribunal unsuccessfully and now the writ petition. 2. Counsel for the petitioner submitted that the order of transfer dated 16/4/2007 came to be issued to accommodate one Mr.R.K. Bhakhar and, therefore, it cannot be said that the petitioner's transfer was in public interest. 3. We are not persuaded by the submission. Merely because the transfer order DBCWP NO.3941/2007. { 3 } of Mr.R.K. Bhakhar was cancelled by the order dated 16/4/2007, it cannot be held that since on the same day the transfer order of the petitioner was issued, it was so done to accommodate Mr.R.K. Bhakhar. The Tribunal in the facts and circumstances cannot be said to have erred in holding that petitioner failed to establish that the order of transfer was issued malafide. Legal position is no more res-integra that judicial review of transfer order is available broadly on two grounds namely; (one) that the order of transfer is vitiated by malafides and (two) that the order of transfer has been made in violation of the statutory provisions. The order of transfer dated 16/4/2007 whereby the petitioner has been transferred from Jaipur to Nasirabad does not suffer from any of the aforesaid two devices. DBCWP NO.3941/2007. { 4 } 4. Writ petition has no merit. Dismissed in limine. MOHAMMAD RAFIQ, J. R.M. LODHA, J. anil IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR. D.B. CIVIL WRIT PETITION NO.3941/2007 Smt.Omvati Yadav .....Petitioner Versus Central Administrative Tribunal Jaipur Bench, Jaipur and ors. .....Respondents Date of Order:- July 10th , 2007. HON'BLE MR.JUSTICE R.M. LODHA HON’BLE MR.JUSTICE MOHAMMAD RAFIQ **** Whether this judgment / order is to be reported in Law Journal/s : Yes/No