S.B.CIVIL WRIT PETITION NO.5110/2007 Miss Neela Mohnot Vs. State of Raj. & Ors. Date of Order :: 16.9.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. P.S. Bhati, for the petitioner. Mr. B.L. Bhati, for the respondents. ... By an order dated 4.8.2007 the Commissioner, Department of Education (Secondary), Government of Rajasthan, Bikaner promoted the petitioner as Principal purely on adhoc basis in the existing pay scale that is of Lecturer School Education. While making promotion aforesaid the petitioner was ordered to be posted at Government Senior Secondary School, Balesar Sattan, District – Jodhpur. The petitioner refused to avail the adhoc promotion made under the order dated 4.8.2007, however, an instruction was given to the petitioner to resume duties at the place of posting made in the order dated 4.8.2007. Being aggrieved by the same the petitioner preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur and that came to be rejected by order dated 17.8.2007. The Tribunal rejected the appeal by treating the order dated 4.8.2007 as a simple order of transfer. While assailing validity of the judgment dated 17.8.2007 passed by the learned Tribunal the contention of learned counsel for the petitioner is that as a matter of fact the order dated 4.8.2007 is not a simple order of transfer. It is also an order promoting the petitioner as Principal, Senior Secondary School and once the petitioner has refused to avail the promotion there is no reason to compel her to join at the place of new posting. The order dated 4.8.2007 which is available on record as Annexure-3 makes it clear that the promotion was for a period of six months or till the availability of regularly selected incumbents whichever is earlier. The period of six months has already been passed, therefore, as a matter of fact the order of promotion itself has lost its sanctity. In view of it, validity of the same is not required to be examined on merits and the petitioner who is working at the place she was posted prior to issuance of the order impugned, by the force of an interim order of this Court dated 30.8.2007 requires to be continued at the same place. The petition for writ, therefore, is disposed of by making the order dated 30.8.2007 absolute. A liberty is always available to the employer to transfer or promote, as the case may be, its employees, if administrative exigency requires, as such, no specific instruction in this regard is warranted. (GOVIND MATHUR), J. Jgoyal '