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SAMEER JAIN
Sunita Yadav – Appellant
Versus
Rajasthan State Roadways Transport Corporation – Respondent
ORDER :
(Sameer Jain, J.)
The instant petition is listed on specific directions of this Court, as pursuant to the grant of interim protection vide order dated 09.11.2020, the petition has been kept in abeyance for a prolonged period of time.
2. At the outset, it is noted that the Hon'ble Apex Court, through a plethora of judgments, has time and again held that the permissibility and scope of judicial review against transfer orders is minuscule. The rationale exercised to circumscribe the Courts interference with transfer orders whilst exercising writ jurisdiction, primarily pertains to the fact that a bedlam of an aggravated magnitude shall ensue within the workings of the Government, if all employees, posted at a location of their liking, refuse to and/or contest their postings, when issued on account of administrative exigencies. Inevitably, the only scope of interference subsists in an eventuality where the transfer orders are issued on account of certain malafides, at the end of the transferring authority.
3. The consideration regarding which employee should be posted 'where', falls purely within the administrative domain of the appropriate authority/department to decide, in the
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 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 to cases of mala fides or statutory violations; transfers are normal incidents of service.
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.
The main legal point established in the judgment is that the transfer of public servants should be made in public interest or administrative exigency, without arbitrary or extraneous considerations. ....
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
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 place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
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