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SAMEER JAIN
Sunil Kumar – Appellant
Versus
Jaipur Vidyut Vitaran Nigam Ltd. – Respondent
ORDER :
(Sameer Jain, J.)
The instant petition is filed under Article 226 of the Constitution of India, whereby a challenge is raised against the impugned transfer order dated 20.02.2024, by way of which, the petitioner has been transferred from the Office of AEN(MST), Kota to the Office of AEN(O&M), Baseri.
2. Being aggrieved of the impugned transfer order, learned counsel for the petitioner has challenged the same, on the following grounds, namely:-
2.1. That the petitioner is a low-paid employee.
2.2. That the petitioner's seniority is to be maintained at the Divisional Level. Therefore, the impugned order, whereby an inter district transfer is effectuated, is in contravention of the Rajasthan State Electricity Board (Technical Workmen) Service Regulations, 1975.
3. In support of the arguments noted above, learned counsel placed reliance upon certain interim orders, passed by this Court, which are marked as Annexure-6.
4. Per contra, learned counsel for the respondent-employer has vehemently opposed the instant petition and submitted that the scope of judicial interference is minimal in transfer orders, especially when the same are passed on account of administrative exigencies.
Judicial review of transfer orders is limited to cases of mala fides or statutory violations; transfers are normal incidents of service.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Judicial review of transfer orders is limited; courts may only intervene in cases of mala fides or statutory violations, considering administrative exigencies and employee disabilities.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Government employees do not have a vested right to remain posted at a particular place, and interference with transfer orders is limited to specific grounds.
Transfer orders can only be interfered with in exceptional circumstances, such as mala fide exercise of power or violation of statutory provisions.
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
Government servants have no vested right to remain posted at a place of their choice, and interference with transfer orders should be limited to cases of mala fides or violation of specific provision....
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