CW 11813/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11813/2009 Aftab Ahmed Khan Versus State & Ors. Date of Order ::: 18/09/09 Hon'ble Mr. Justice Ajay Rastogi Mr. BBL Sharma, for petitioner Petitioner while holding post of School Lecturer in Government Sr. Higher Secondary School, Adarsh Nagar (Jaipur) was transferred to Achrol (district Jaipur) vide order dt.16/09/08 (Ann.2) which was assailed by way of appeal- 2122/2008 but his appeal was decided by Rajasthan Civil Services Appellate Tribunal vide judgment dt.15/10/2008 with the direction to him to make representation – pending consideration whereof, order of his transfer dt.16/09/08 was ordered to be stayed. In pursuance of direction (supra), he submitted representation on 23/12/08 which was considered by the authority and rejected directing him to comply with order of his transfer to Achrol vide order dt.17/08/09 (Ann.5) which was also assailed before the Tribunal in appeal-710/09 but the same was dismissed vide judgment dt.10/09/09 (Ann.6). As per his own saying, petitioner while working as School Lecturer in Govt. Sr. Secondary School, Adarsh Nagar Jaipur for last five years, CW 11813/09 //2// was transferred to Achrol in Jaipur district, itself. His grievance is that other lecturers of same faculity (English subject) having remained posted at one particular place (School, Adarsh Nagar) have not been even once disturbed. It is always expected from the authority to take rational decision while transferring employee from one place to the other which is certainly a heart burning grievance among the employees that despite fellow employees having longer stay at one particular place even at one station or district are not once disturbed while employees working for a shorter span of time, are transferred. It is, therefore, a high time to take decision laying down Rules or statutory guidelines or policy being adopted while transferring employees of State Government so that employees may know the fate of the period of their posting at one place; inasmuch as time and again matters are coming of employees complaining as against their transfers that few amongst a lot are never being disturbed for one or the other reason despite there being their longer stay at a particular place or station or district. It is expected from State Government to take rational decision for being strictly followed in such matters of transfer of their employees, which may CW 11813/09 //3// certainly serve the society, as well. In the absence of statutory Rules, the Courts feels difficulty to adjudicate and redress the grievances of employees litigants in a limited scope of judicial review in matters of administrative decisions of State Government which is normally expected to be taken in interest of administration or exigency of service. However, as observed(supra), it is high time for State Government to take decision which alone can regulate matters of transfers and curb such type of litigations increasing day by day before the service appellate Tribunal. No doubt, transfer is otherwise an incidence of service. Petitioner cannot claim as a matter of right to remain posted at one station of his choice. He has not imputed any malice against the authority which has transferred him vide order impugned; nor alleged the transfer having been made in violation of statutory Rules – in absence whereof, if the authority considered it appropriate to transfer him in the interest of administration of exigency of service after he having rendered services at one place or station for almost five years, it cannot be said to be an arbitrary action. The learned Tribunal has also considered grievance of petitioner and this being CW 11813/09 //4// an administrative decision of the authority in exercise of powers U/r 20 of Scheme of Rules. This Court on having gone through judgment of the Tribunal, does not find manifest error being committed which may call for interference in the order impugned. Consequently, writ petition fails and is hereby dismissed. A copy of this order be sent to the Chief Secretary, Government of Rajasthan and Principal Secretary Department of Education (respondent-1) for necessary action. (Ajay Rastogi), J. K.Khatri/p.4/ 11813CW09Spt18TrnsChiefSecy.doc