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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Arihant Jain – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The petitioner before this Court is assailing an order dated 20.02.2024 (Annex.-4), vide which he was transferred from Sri Ganganagar to Anoopgarh.
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:-
“1. Learned counsel for the petitioner submits that the petitioner had been promoted from the post of Junior Assistant to Senior Assistant vide order dated 18.01.2024 and now, by the order impugned dated 20.02.2024, he is being sought to be transferred on the post of Junior Assistant. Learned counsel submits that the petitioner cannot be transferred/posted to a lace lower than his designation.
2. In view of the submissions made, Admit. Issue notice. Issue notice of the stay petition also.
Notices be filed in two sets within a period of one week. On the same being filed, one set be given ‘dasti’ to learned counsel for the petitioner for service through registered post acknowledgment due. Notices be made returnable on 03.04.2024.
Postal receipts of the ‘dasti’ notices be fil
Judicial intervention in transfer matters is limited, acknowledging administrative discretion while protecting employee rights against unjust transfers.
The court upheld the administrative authority's right to transfer employees while emphasizing the limited scope of judicial intervention in such matters.
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.
The court upheld that while transfers are necessary for administrative efficiency, they must comply with established policies regarding tenure at postings.
Judicial review of transfer orders is limited; courts recognize administrative discretion while maintaining interim protections as necessary.
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.
Government employees do not possess an inherent right to remain at a specific location, with transfers being integral to employment conditions.
Transfer orders must comply with established rules and procedures, and administrative needs cannot override legal requirements.
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.
The court emphasized that a challenge to an order of transfer should normally be eschewed and should not be countenanced by the courts or tribunals as though they are Appellate Authorities over such ....
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