CW 9546/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.9546/2009 Smt. Anju Goyal Versus Raj.Civil Services Appellate Tribunal & Anr. Date of Order ::: 13/08/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Anand Sharma, for petitioner. Instant petition has been filed by petitioner who is working as Teacher Gr.II and was earlier transferred vide order dt.25/06/08 (Ann.1) from Govt. Sanskrit School, Sarangpura (Jaipur) to Indroli (Bharatpur), as it appears from the order, was at her own request; was challenged before the Tribunal and the appeal was decided on 19/08/08 (Ann.4) with the direction to the petitioner to make representation pointing out her difficulty, particularly the fact that the order of transfer appeared to have been at her own request, which according to her was never made. On representation being made, it appears that respondents took note of latter order dt.28/06/08 whereby she was transferred & posted at Jaichandpura (Jaipur) on administrative reasons and her representation was rejected on the premise that she has CW 9546/09 //2// concealed material fact and subsequent order dt.28/06/08 was not brought to the notice of the Tribunal at the time of disposal of appeal and the appeal preferred against order of rejection was also dismissed. Counsel for petitioner submits that finding recorded by learned Tribunal with respect to concealment on the part of petitioner is not well founded inasmuch as there was no material on record that subsequent order was ever communicated which according to her was not served - in absence whereof, the Tribunal was not justified in recording the finding of concealment against her. Apart from it on merits, Counsel submits that husband of petitioner is working in Public works Department at Jaipur and looking to her family circumstances, it would be difficult for her to join in pursuance of order dt.28/06/08, which have not been considered by learned Tribunal. As regards finding recorded of concealment on the part of petitioner, this court finds substance in submission of Counsel for petitioner that if the order was not communicated as alleged or served upon her, tribunal was not justified in recording such a CW 9546/09 //3// finding of concealment moreso when there was no material placed by State government on record by which it could be inferred that latter order dt.28/06/08 was served upon her. In the opinion of this Court, finding recorded under judgment impugned in respect of concealment on the part of petitioner does not appear to be well founded. However, as regards merits, suffice it to say that petitioner remained posted for 2-3 years at Sarangpura Tehsil Sanganer district Jaipur which has not been disputed by petitioner's Counsel and thereafter vide order dt.28/06/08 was transferred to Jaichandpura, that too in district Jaipur. Transfer is otherwise an incidence of service and does not affect either way service conditions of petitioner and once he holds transferable post and having worked for almost 2-3 years at one station certainly respondent- authority in ordinary course is competent to transfer an employee in the interest of administration or in exigency of service. No one can claim as a matter of right to remain posted at one place. Petitioner has neither imputed any malice against authority which passed the order impugned nor alleged CW 9546/09 //4// violation of statutory Rules - in absence whereof, ordinarily transfer is not required to be interfered within a limited scope of judicial review of this Court U/Art. 226 of the Constitution. The learned tribunal has also considered on merits, apart from concealment of facts, as well. This court does not find manifest error in the findings recorded as regards merits for transfer impugned, and finds no justification to interfere in the judgment impugned. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.4/9546CW09Aug12Trns.doc