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FARJAND ALI
Samay Singh Meena S/o Poonya Ram Meena – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Department Of Revenue – Respondent
ORDER :
Farjand Ali, J.
1. The issues involved in these three writ petitions are interwoven, therefore, it is felt appropriate to decide the same together by this common order.
2. The facts relevant and essential for disposal of the writ petitions are that both the petitioners are working on the post of Patwari. At the time of inception of the present controversy, petitioner Samay Singh Meena was posted as Reserve Patwari, Tehsil Office, Merta, whereas petitioner Suresh Kumar posted at Patwar Mandal Riyanbadi, Tehsil Riyanbadi, District Nagaur. The respondent department issued a transfer order dated 22.02.2024, whereby petitioner Samay Singh Meena was transferred from Reserve Patwari, Tehsil Office, Merta to Patwar Mandal Riyanbadi, Tehsil Riyanbadi, District Nagaur. The name of the petitioner Suresh Kumar was not mentioned in the said order, however, since another person was transferred to the post he was working, he approached this court by way of filing S.B. Civil Writ Petition No.3072/2024 challenging the order dated 22.02.2024 to the extent of transfer of Samay Singh Meena to Patwar Mandal Riyanbadi and sought a direction for the respondents not to relieve him. The matter was lis
The court affirmed that transfer orders for government employees are generally not subject to judicial interference unless proven to be arbitrary or in violation of statutory rules.
Transfers of Patwaris must comply with specific legal provisions that require justification based on efficiency or vacancy filling, and cannot be made arbitrarily or as a punitive measure.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
The transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
The main legal point established in the judgment is that the transfer of Patwaris is an exception and cannot be made as a routine. The court emphasized the importance of Rule 9 and Rule 412, which di....
Transfers of Patwaris can occur for administrative exigency, and guidelines regarding tenure are not absolute restrictions.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
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