CW 7635/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7635/08 Habib Shah Versus State & Ors. DATE OF ORDER : 08/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Reashm Bhargava, for petitioner *** Petitioner who is working as Teacher Gr.II was earlier transferred within District Tonk vide order Ann.1 dt.7th September, 2007. But after he reported for duty at the place of his posting, further order was passed on 14th September, 2007 transferring him to Kekri Ajmer for administrative reason as referred to in the special note under the order itself. The order impugned Ann.4 dt.14th September, 2007 was earlier challenged by him before Service Tribunal while granting interim stay to continue at the place of his posting, the Tribunal directed the petitioner to make representation which will be considered by the authority objectively in accordance with law. In terms of Tribunal's order petitioner submitted representation which was considered by the authority and the same was rejected on 26th March, 2008 which was again challenged by filing appeal before Tribunal and at this time appeal was dismissed on 14th July, 2008. CW 7635/08 [2] Counsel for petitioner has reiterated the same submission which he made before Tribunal which do not find favour and was observed that transfer is an incident of service and in the absence of malice being imputed ordinarily is not required to be interfered with. Apart from it, the order at the time he assailed might have been passed with the gap of 7 days, but the ultimate fact remains that under interim order of Tribunal he continued to work at the place of his posting and order impugned dt.14th September, 2007 was not given effect to where he worked for period of almost 11 months by now. I have gone through the order passed by Tribunal and do not find any manifest error which may call for interference. Consequently, the writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA7635CW2008 8-8.doc