S.B. CIVIL WRIT PETITION NO.11456/2010 Narain Lal Vs. State of Rajasthan and Ors. DATE OF ORDER : 09.12.2010 HON'BLE MR. GOVIND MATHUR, J. Mr. B.S. Mertia, for the petitioner. ... By order dated 30.8.2010 the petitioner was transferred from Govt. Upper Primary School, Bus Stand, Nimaj, Jaitaran to Govt. Secondary School, Kanecha Pool, Raipur. By way of filing a petition for writ (SBCWP No.05239/2010), a challenge was given to the order aforesaid and the writ petition came to be disposed of on 16.9.2010 with a direction to the petitioner to submit a representation before the competent authority within a period of one week from the date of order and further the competent authority was directed to decide the representation by a speaking order dealing with the relevant facts and circumstances of the case. In pursuant to the order dated 16.9.2010, the petitioner submitted a representation, however, the respondents under an order dated 11.10.2010 directed the petitioner to join duties at the transferred place. According to the respondents no representation was submitted by the petitioner within the period prescribed by the Court. In these circumstance, the petitioner again approached this Court by way of filing a petition for writ (SBCWP No.9811/2010) and that was disposed of on 26.10.2010 with a direction to the Deputy Director (Elementary), Department of Education, Jodhpur to decide the representation submitted by the petitioner by a speaking order, as already directed earlier under order dated 16.9.2010. The Deputy Director (Elementary), Department of Education, Jodhpur vide office-order dated 15.11.2010 considered and rejected the petitioner's representation. Being aggrieved by the same, this petition for writ is preferred. The petition is essentially against an order of transfer, which is appelable under Rajasthan Civil Service (Service Matters) Appellate Tribunal) Act, 1976. The petitioner has approached this Court without exhausting the remedy available to him to challenge the order of transfer and its consequential orders under the provisions of the Act aforesaid. I do not find any just reason to entertain this writ petition without getting the efficacious statutory remedy exhausted. Accordingly, the petition for writ is dismissed. The petitioner is at liberty to avail alternative remedy under the Act of 1976. (GOVIND MATHUR)J. Sanjay/ S.B.CIVIL WRIT PETITION NO.11275/2010 Mahendra Singh Sodha Vs. State of Rajasthan & Ors. Date of Order :: 06.12.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Pramendra Bohra, for the petitioner. ... By this petition for writ, the petitioner has assailed validity, correctness and propriety of order dated 19.11.2010 (Annex.2) passed by the Deputy Director (Establishment), State Insurance & General Provident Fund Department, Jaipur transferring the petitioner, an Upper Division Clerk from Jodhpur City to Barmer. The order impugned is appelable under Rajasthan Civil Service (Service Matters) Appellate Tribunal Act, 1976. The instant petition for writ is preferred without exhausting the statutory remedy available. I do not find any just reason to entertain this petition for writ without getting the alternative remedy exhausted. Accordingly, the petition for writ is dismissed. The petitioner is at liberty to avail alternative remedy under the Act of 1976. (GOVIND MATHUR), J. Sanjay/- S.B. CIVIL WRIT PETITION NO.11123/2010 Smt. Kamla Gehlot Vs. State of Rajasthan and Ors. DATE OF ORDER : 01.12.2010 HON'BLE MR. GOVIND MATHUR, J. Dr. Sachin Acharya, for the petitioner. ... By this petition for writ, a challenge is given to order dated 14.7.2010 passed by District Education Officer (Elementary Education), Jodhpur transferring petitioner from Govt. Girls Upper Primary School, Ratanada to Govt. Upper Primary School, Leharnagar, Mandore. The order effecting transfer is appelable under Rajasthan Civil Service (Service Matters Appellate Tribunal) Act, 1976. This petition for writ is preferred without exhausting the efficacious, statutory alternative remedy available to the petitioner. I do not find any just reason to entertain this writ petition without getting the statutory remedy exhausted first. Accordingly, the petition for writ is dismissed. The petitioner is at liberty to avail remedy under the Act of 1976. (GOVIND MATHUR)J. Sanjay/