1 S.B.CIVIL WRIT PETITION NO.7469/2008 Smt. Amir Kaur Vs. The R.A.T. & Ors. Date of Order :: 22.9.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. C.S. Kotwani, for the petitioner. Mr. H.R. Chawla, for the Caveator-respondent No.4. ... To challenge the order dated 11.9.2008 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur this petition for writ is preferred. The factual matrix of the case is that the petitioner under an order dated 7.9.2007 was transferred from Government Upper Primary School, 7-Z, Panchayat Samiti – Sriganganagar to Government Primary School NO.3-O, Panchayat Samiti – Sri Karanpur. Being aggrieved by the same she preferred an appeal before the Tribunal and that came to be decided on 10.10.2007 with a direction to the State Government to consider and decide grievance of the petitioner if the same is ventilated by submitting the representation. A representation was accordingly filed by the petitioner on 8.11.2007 before the Deputy Secretary to the Government of Rajasthan, Department of Panchayat Raj (Elementary Education), Jaipur. The authority concerned after obtaining comments from the District Education Officer (Elementary Education), Sriganganagar decided the representation submitted by the petitioner under an order dated 22.1.2008. The authority deciding the 2 representation held that at the time of transfer of the petitioner no vacancy was available in Ganganagar Block, therefore, she was transferred to Panchayat Samiti – Sri Karanpur. It was also held that the State Government was having competence to transfer the petitioner from one Panchayat Samiti to another as per the provisions of Rule 289 (3) of the Rajasthan Panchayati Raj Rules, 1996. Being aggrieved by the order dated 22.1.2008 the petitioner again approached to the Rajasthan Civil Services Appellate Tribunal by way of filing an appeal and that came to be rejected by the order impugned dated 11.9.2008. While assailing validity of the order aforesaid the contention of learned counsel for the petitioner is that the Tribunal failed to appreciate that the petitioner was transferred under the order dated 7.9.2007 from Government Primary School, 7-Z, Panchayat Samiti, Sriganganagar to accommodate Alka Sharma at aforesaid school. On examination of the order dated 11.9.2008 passed by the learned Tribunal although I find that this contention has not been examined by the Tribunal but I do not consider it appropriate to interfere with the matter on the count that there is no material available in entire petition and with the record so available on basis of that a presumption can be drawn that the foundation of the order of transfer is not in administrative exigency but extraneous consideration that is to accommodate respondent Smt. Alka Sharma. Merely on the count that 3 Smt. Alka Sharma was posted at Government Upper Primary School, 7-Z, Panchayat Samiti – Sriganganagar vise the petitioner, no inference can be drawn that the order of transfer was passed only to accommodate her. It is well settled that an interference with the order of transfer can be made only if that is violation of statute or is outcome of malafides or extraneous consideration or is shockingly arbitrary. Learned counsel did not find any such exigency in order of transfer, and therefore, I do not find any error with the order impugned that may warrant interference of this Court under Articles 226 and 227 of the Constitution of India. The petition for writ, therefore, is dismissed. (GOVIND MATHUR), J. Jgoyal '