HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 52/2023 Kailash Chand Son Of Shri Manna Lal, Aged About 56 Years, Employees Id Rjko 1992270001168 R/o Village Saatal Khedi, Tehsil Ramganj Mandi Kota Raj. (Presently Posted As Senior Teacher At Government Senior Secondary School, Kumbhkot Block Khairabaad, District Kota, Rajasthan) ----Appellant Versus 1. State Of Rajasthan, Through Its Principal Secretary, School Education, Secretariat, Jaipur. 2. Joint Director, School Education, Kota Division Kota (Raj.) 3. District Education Officer, Secondary, Kota. ----Respondents Connected With D.B. Special Appeal Writ No. 53/2023 Nanuram Vaishnav S/o Shri C.l Vaishnav, Aged About 37 Years, Employee Id Rjbw200508010998 R/o Gram Ganglas Tehsil Aasind, Bhilwara, Rajasthan (Presently Posted As Senior Teacher At Government Senior Secondary School, Ganglas, Block Aasind, Bhilwara, Rajasthan) ----Appellant Versus 1. State Of Rajasthan, Through Its Additional Chief Secretary, School Education, Secretariat, Jaipur. 2. Joint Secretary, School Education Group-2, Secretariat, Jaipur. 3. Principal Secretary, Department Of Personnel, Main Building, Secretariat, Jaipur. 4. Director, Secondary Education, Bikaner, Rajasthan. 5. Joint Director, School Education, Ajmer Division, Ajmer, Rajasthan. ----Respondents For Appellant(s) : Mr. Sudhir Gupta, Advocate. For Respondent(s) : Mr. Basant Singh Chhaba, Additional (2 of 3) [SAW-52/2023] Advocate General. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MANEESH SHARMA Order 19/02/2025 These special appeals (writ) have been filed by the appellants challenging the order dated 17.01.2023 passed by the learned Single Judge. Before the learned Single Judge, the appellant-petitioners challenged the transfer order dated 28.08.2022. Learned Single Judge while dismissing the writ petition in paragraphs no.7 and 8 held as under:- “7. Thus, it may not be held that the impugned transfer order passed by the Joint Director, School Education on behalf of the State Government during the period after issuance of notification dated 28.07.2021 and before passing order dated 22.09.2022, have been passed without having competence or delegation of powers. The order dated 22.09.2022 does not entrust any new powers. 8. As far as the Judgment of Hon’ble Supreme Court in case of Bharat Sanchar Nigam Ltd.(supra) is concerned, the same is not applicable in the facts of present case. In the present case, the issue is related to the transfer order and powers delegated to the Joint Director under Rules of 1970 & 1971 remains continue after promulgation of Rules of 2021 and order dated 22.09.2022 issued by the Government is just clarified to such aspect. Moreover, it is not in dispute that all petitioners have joined at the transferred place and the transfer orders have been acted upon as (3 of 3) [SAW-52/2023] much as have been affirmed by the Tribunal. Therefore, for the aforesaid discussion, this Court is not inclined to interfere with the impugned transfer orders while exercising its extra ordinary jurisdiction under Article 226 of Constitution of India.” Since the matter relates to the transfer of the employees and as informed by the counsel for the appellants, the appellants have already joined their duties at their place of posting and they are working there since the last three years. We are in complete agreement with the view taken by the learned Single Judge. Hence, these special appeals stand dismissed. However, the question of law is kept open. (MANEESH SHARMA),J (INDERJEET SINGH),J Tushar/117-118