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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali, J.
Samay Singh Meena S/o Poonya Ram Meena - Petitioner
Versus
State Of Rajasthan, Through The Principal Secretary, Department Of Revenue and ors. – Respondents
S.B. Civil Writ Petition No. 4478/2024, S.B. Civil Writ Petition No. 3072/2024, S.B. Civil Writ Petition No. 10387/2024
Decided On : 09-07-2024
Transfer - Writ Petitions - Circulars on Transfers - The court interpreted the circulars as non-mandatory, emphasizing the government's discretion in transfers for administrative exigency, leading to the dismissal of the petitions.
Fact of the Case:
The petitioners, both Patwaris, challenged transfer orders issued by the respondent department, claiming they were unjust and arbitrary. The court noted the interwoven nature of the petitions and the subsequent developments regarding the transfers.
Finding of the Court:
The court found that the transfer orders were made in the interest of public administration and not with malice. The allegations of discrimination were deemed baseless, and the court upheld the government's discretion in transfer matters.
Issues: Whether the transfer orders were arbitrary, discriminatory, or made in bad faith, and whether the court should interfere with the administrative decisions regarding transfers.
Ratio Decidendi: The court held that transfers are an inherent condition of service for Patwaris, and unless shown to be arbitrary or in violation of statutory provisions, the court should not interfere with such orders.
Result: All three writ petitions are disposed of, with the impugned orders declared non est.
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 listed before the court and an interim order dated 07.03.2024 was passed in favour of the petitioner, whereby the respondents were directed not to relieve the petitioner from his present place of posting. However, they were given liberty to pass fresh and appropriate orders in terms of law. In the meanwhile, before passing of the aforesaid interim order, petitioner Samay Singh Meena had been relieved from Tehsil Office Merta on 28.02.2024. The District Collector (Land Records), Nagaur passed an order dated 28.02.2024, whereby Samay Singh Meena was given posting at Patwar Mandal Riyanbadi in place of Suresh Kumar and the latter was kept Awaiting Posting Order. Petitioner Samay Singh Meena joined his service at Riyanbadi on 06.03.2024, on which day, the Tehsildar (Land Records), Riyanbadi issued an order directing petitioner Suresh Kumar to hand over his charge to the former. Be that as it may, after passing of the interim order dated 07.03.2024, the respondents issued another transfer order dated 10.03.2024, whereby transfer of the petitioner Samay Singh Meena to Patwar Mandal Riyanbadi was cancelled and he was transferred to Tehsil Begu, District Chittorgarh. By the same order, the Awaiting Posting Order of petitioner Suresh Kumar was cancelled and he was re-posted at Patwar Mandal Riyanbadi. By the order dated 12.03.2024, petitioner Samay Singh was relieved from Riyanbadi and petitioner Suresh Kumar was given the said posting. Being aggrieved of the order dated 10.03.2024, petitioner Samay Singh Meena preferred S.B. Civil Writ Petition No.4478/2024, wherein an interim order dated 18.03.2024 came to be passed, whereby the effect and operation of the order dated 10.03.2024 was stayed qua the petitioner. After passing of the said interim order, the respondent District Collector (Land Records), Nagaur passed an order dated 01.04.2024, whereby the order dated 12.03.2024 relieving petitioner Samay Singh Meena was cancelled and he was given posting at Patwar Mandal Riyanbadi. Thereafter, the respondent District Collector (Land Records), Nagaur passed the order dated 17.06.2024, whereby petitioner Suresh Kumar was transferred and posted at Patwar Mandal Bhanwal, Tehsil Riyanbadi. The Tehsildar (Land Records), Riyanbadi vide order dated 21.06.2024 directed petitioner Suresh Kumar to hand over charge to petitioner Samay Singh Meena. Being aggrieved of the orders dated 17.06.2024 and 21.06.2024, the petitioner Suresh Kumar has preferred S.B. Civil Writ Petition No.10387/2024. All the three writ petitions, two preferred by petitioner Suresh Kumar and one preferred by petitioner Samay Singh Meena, are before this court for adjudication.
3. Learned counsel representing petitioner Samay Singh Meena submits that after filing of the writ petition (S.B. Civil Writ Petiti
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.
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