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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Bhagwat Giri Goswami – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
ARUN MONGA, J.
1. The petitioner before this Court is assailing an order dated 04.11.2022 (Annex.-5), vide which he was transferred from Rajsamand to Barmer.
2. During the pendency of writ proceedings, a co-ordinate bench of this Court, then seized of the matter, passed an interim order dated 12.01.2023 staying the implementation of the transfer order qua the petitioner. Same being apposite is reproduced hereinbelow:-
“ It is submitted by learned counsel for the petitioner that by order dated 04.11.2022 (Annex.5), the petitioner has been transferred vice respondent No.4.
Submissions have been made that the respondent No.4 is Medical Officer, whereas, petitioner is Senior Medical Officer – II and, therefore, the petitioner could not have been transferred on the post of Medical Officer.
Submissions have also been made that Hospital, where the petitioner has been transferred, there is n post of SMO-II.
Matter requires consideration.
Issue notice. Issue notice of stay application also.
Mr. Mehardeen Mehar, learned counsel is directed to accept notice on behalf of respondent Nos.1 to 3, therefore, issue notice to respondent No.4 only.
A copy of the writ petition be served on Mr. Mehardeen
Judicial review of transfer orders is limited; courts recognize administrative discretion while maintaining interim protections as necessary.
Transfer orders must comply with established rules and procedures, and administrative needs cannot override legal requirements.
The court upheld that while transfers are necessary for administrative efficiency, they must comply with established policies regarding tenure at postings.
The court emphasized that transfer orders must comply with jurisdictional authority and procedural rules, reaffirming that employees do not have an inherent right to remain at a specific location.
Court upheld the principle that employees in government service do not have an inherent right to remain in a specific location, allowing for administrative transfers.
The court upheld the administrative authority's right to transfer employees while emphasizing the limited scope of judicial intervention in such matters.
Judicial intervention in transfer matters is limited, acknowledging administrative discretion while protecting employee rights against unjust transfers.
Government employees do not possess an inherent right to remain at a specific location, with transfers being integral to employment conditions.
The court upheld the principle that government employees do not have an absolute right to remain at a specific posting, allowing for necessary administrative transfers.
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