This writ petition has been filed by the petitioner aggrieved against the order dated 29.09.2019 (Annex.6), whereby the petitioner has been transferred
from Gusaisar, Bikaner to Naggi, Ganganagar and one Subhash Singh has been transferred from Khiyera to Gusaisar, Bikaner.
While the petitioner has been allowed TA & DA, the respondent No.6 has not been granted TA & DA, which necessarily means that respondent
No.6 has been accorded posting at his own request. The petitioner has made a representation on 30.09.2019 (Annex.10) indicating her difficulties in
implementing the order of transfer.
During the course of submissions, learned counsel for the respondents submitted that as the petitioner has made a representation, in terms of the office
order dated 01.10.2019, the grievance raised by the petitioner shall be considered by the respondents and appropriate order would be passed and
therefore, no case for interference in the writ petition is made out.
Learned counsel for the petitioner made submissions that though the representation was made by the petitioner on 30.09.2019, despite passage of over
15 days, the representation has not been decided. Therefore, on 15.10.2019, learned counsel for the respondents was directed to complete his
instructions, qua the said aspect.
Learned counsel has produced a communication dated 16.10.2019 indicating that large number of representations have been received and the same
would be considered in light of the directions dated 24.09.2019 and ‘case-wise on merits’ and the orders would be passed by 30.10.2019.
Learned counsel for the petitioner by producing several orders passed by the respondents on the grievances raised by other teachers, who were
transferred, make submissions that the representations have been rejected mechanically by the respondents by simply referring to the circular dated
24.09.2019 and the judgment in the case of Shilpi Bose, which renders the aspect of filing the representations before the respondents meaningless and
an empty formality.
In so far as the various grievances raised by the petitioner in the present writ petition is concerned, apparently the same does not touch upon the
jurisdiction of the respondents in passing the order of transfer so as to require interference in the writ jurisdiction.
However, once the respondents have provided for a mechanism of filing representations and the representations are being filed by the teachers, the
filing of the representation and its consideration by the respondents cannot be made an empty formality. But a perusal of orders passed by the
respondents reveal that mechanical orders are being passed by relying on the circular dated 24.09.2019, which manner of deciding representations by
the respondents cannot be countenanced, rather the same deserves condemnation. The empty formality being undertaken by the respondents is
apparently an eye-wash only with a view to some how implement the transfer orders, which have already been passed without taken into
consideration the difficulties of the teachers involved. It is sine qua non that the representation made must be decided by way of an speaking order
dealing with the grievances raised and not merely noticing the same and rejecting the same.
In view of the fact that the representation made by the petitioner is pending with the respondents, the respondents are directed to decide the
representation made by the petitioner within a period of one week from the date a copy of this order is placed by the petitioner with the respondents
keeping in view the observations made herein-before.
A copy of this order be also specifically served on the Director, Secondary Education, Rajasthan, Bikaner by learned counsel appearing for the
respondents indicating the observations made by this Court herein-before and the respondents / Director are directed to keep in view the above
directions while deciding the representations as it is claimed in the communication dated 16.10.2019 that besides relying on the circular dated
24.09.2019, the cases are being considered on the ‘case-wise on merits’, which indication made must be complied with sincerely by the
respondents.
With the above observations and directions, the writ petition filed by the petitioner stands disposed of.
