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MAHENDAR KUMAR GOYAL
Ghanshyam – Appellant
Versus
Rajasthan Rajya Vidyut Prasaran Nigam Limited – Respondent
JUDGMENT
'S.B. Civil Writ Petition No. 16842/2022:-
1. This writ petition has been filed assailing the legality and validity of the order dated 04.11.2022 whereby, the petitioner, a Sub-Station Assistant-II, has been transferred from Talera Bundi to Bhilwara.
2. Learned counsel for the petitioner submits that his transfer is in violation of the transfer policy dated 29.12.2004 inasmuch as without petitioner's request for transfer, the respondent No.3 has been transferred in his place on his request. He submits that the petitioner is a low paid employee and should have been adjusted either in the home district or at the nearest place. He, therefore, prays that the order impugned dated 04.11.2022 be quashed and set aside.
3. Per contra, learned counsel for the respondents No.1 & 2/Caveator submitted that the petitioner was posted at earlier place of posting for 11 years and has been transferred in corporation interest. He submits that the distance of the transferred place is only 159 kms from the present place of posting and no interference is warranted. He, therefore, prays for dismissal of the writ petition.
4. Heard. Considered.
5. It is trite law that transfer is an exigency of service
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
The main legal point established in the judgment is that transfer of an employee is an administrative decision and should not be interfered with unless there is a violation of statutory provisions or....
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Transfer of an employee is an essential condition of service and can only be interfered with in exceptional circumstances. Courts have limited jurisdiction to interfere in transfer matters.
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