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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Raisingh – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. Grievance of the petitioner stems from an impugned order dated 02.08.2022 (Annex.3), vide which, the petitioner was transferred from Gram Panchayat Rathi Kheda to Gram Panchayat Gudiya.
2. During the pendency of writ proceedings, a co-ordinate bench of this Court passed an interim order dated 18.08.2022 staying the implementation of the impugned order. Same being apposite is reproduced hereinbelow:
“It is submitted by learned counsel for the petitioner that by order dated 30.09.2021, he was posted at Gram Panchayat Rathi Kheda, Panchayat Samiti Tibbi where he joined and was accorded leave by Annex.2 for the period from 18.07.2022 to 01.08.2022, however, when the petitioner joined back on 02.08.2022, by Annex.3 he was allotted Gram Panchayat Gudiya by the Vikas Adhikari, which order is without jurisdiction as the same amounts to transferring the petitioner from Gram Panchayat, Rathikheda to Gram Panchayat, Gudiya.
In view of the submissions made, issue notice.
Issue notice of the stay application also.
In the meanwhile and till further orders, effect & operation of the order dated 02.08.2022 (Annex.3), shall remain stayed. Further, the petitioner would be permitted to join back
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 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.
The court upheld that while transfers are necessary for administrative efficiency, they must comply with established policies regarding tenure at postings.
Government employees do not possess an inherent right to remain at a specific location, with transfers being integral to employment conditions.
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.
Transfer orders must comply with established rules and procedures, and administrative needs cannot override legal requirements.
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.
Transfer orders can only be interfered with in exceptional circumstances, such as mala fide exercise of power or violation of statutory provisions.
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