No Person Has A Vested Right To Be Posted At A Particular Place: Rajasthan High Court Denies Relief To Govt Teacher

Chief Justice Akil Kureshi and Justice Madan Gopal Vyas, ordered,

"The question of appointment or absorption in particular district, division or zone at the time of recruitment is essentially for the convenience of the selected candidate but this always is subject to administrative exigencies. No person has a vested right to be posted at a particular place. The selections and recruitments must attain finality."

The development ensued in a writ appeal filed by a PTI Grade-III recruit, seeking posting at Alwar instead of Jhunjhunu.

The petitioner had argued that less meritorious persons have been accommodated in Alwar district, whereas she is sent to Jhunjhunu. The Single Judge had dismissed the writ petition.

In appeal, the court noted that the selections and recruitments must attain finality. It added that posting orders which are consequential to such selection and recruitment also must not be allowed to be raised after a reasonable period of time.

Reliance was placed on the case of Nirmla Jat vs. State of Rajasthan [S.B. Civil Writ Petition No.5753/2020] in which seniority of Teachers was reckoned Division Wise.

The court observed that the cadre is maintained district-wise for the post of PTI Grade-III. The court also noted that the learned Single Judge was of the opinion that the observations and directions of the Court in the case of Nirmla Jat (supra) have to be suitably modified for adoption in the present case. Thus, the petitioner did not have a choice of inter-district transfer and the communication of the authority dated 12.10.2021 not accepting any such representation for inter-district transfer was correct, added the court.

The bench further ruled,

"Nothing stated in this order and that of the learned Single Judge would come in the way of the petitioner in seeking interdistrict transfer if the Government rules and regulations recognize any such policy. Under the circumstances, the appeal is dismissed."

Facts

Essentially, The petitioner was selected for the post of PTI Grade-II and was appointed in Jhunjhunu district. It appears that the select list was reshuffled on account of litigation and consequent Court orders. The State Government thereupon issued a circular, which specified that only those candidates, who on account of the reshuffle are being included in the select list, would be called for counselling for allotment of appropriate district. This counselling would not be necessary for the PTI already appointed. Some aggrieved persons filed Civil Writ Petition No.7730/2021. The learned Single Judge disposed of the said petition on 10.08.2021 permitting those petitioners to make a representation to the authorities.

The authorities thereupon decided that those representations in which the request for movement within the district are made, may be considered. However, the request for inter-district transfers would not be accepted. The petitioner thereupon approached the High Court, which dismissed the petition. The petitioner had challenged the said judgment in the present appeal.

Adv. Vikram Singh Bhati appeared for the appellant.

Case Title: Soniya Burdak v. State of Rajasthan

Citation: 2022 LiveLaw (Raj) 71