1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.10030/07 Shiv Kumar Singh vs. State of Rajasthan & Ors. Date of order : 18/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Bharat Saini for the petitioner. Shri S.S. Sharma, Government Counsel for the State. ****** This writ petition has been filed by the petitioner, who is working on the post of Teacher Gr.II, challenging the order dated 24.8.2007 whereby he was posted against the post of Senior Teacher in his own pay scale for a period of six months or till the availability of duly selected candidates, whichever is earlier. Shri Bharat Saini, learned counsel for the petitioner has argued that the order is liable to be quashed being arbitrary and illegal inasmuch as the petitioner should not be compelled to work against higher post in his own scale. It is submitted that the petitioner has in writing communicated to the respondents that he does not want to avail of the promotion. On being pointedly asked, learned counsel submits that the 2 petitioner is working at the present place of his posting i.e. Government Senior Secondary School, Laxmangarh, District Sikar since 5.9.1998 and by the impugned order dated 24.8.2007 he has been now transferred to Government Secondary School, Motlawas, District Sikar. Perusal of the impugned order dated 24.8.2007 indicates that this order in fact is not an order of promotion, but a simple order of transfer and posting by which the respondents on account of non availability of duly selected candidate by way of stop arrangement posted the petitioner in his own pay scale against the post of Sr. Teacher grade because his cadre was feeder cadre to the post of Senior Teacher. The petitioner who holds a transferable post cannot resist his posting particularly when he has been working at the place of his present posting. At the maximum, he can represent the authorities to claim the salary of higher post in which he is required to work. In Nand Lal Patel vs. State of Raj. & Anr., D.B. Special Appeal (Writ) No.1254/08, similar matter come up for consideration 3 before the division bench of this Court wherein the division bench dismissed the appeal filed against the order of the learned Single Judge. The division bench observed that “transfer being incidence of service, the order of transfer cannot be challenged, as a matter of right. The aggrieved person, however, has a right to represent the authorities for any grievances.” In view of the above, we find no merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/