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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Sushila Chhabra – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The petitioner before this Court is assailing an order dated 28/30.12.2022 (Annex.-4), vide which she was transferred from Sri Ganganagar to Suratgarh.
2. During the pendency of writ proceedings, a co-ordinate bench of this Court, then seized of the matter, passed an interim order dated 09.01.2023 staying the implementation of the transfer order of the petitioner. Same being apposite is reproduced hereinbelow:-
“1. Learned counsel for the petitioner submits that the petitioner has been subjected to frequent transfer and within a period of two years she has been transferred on four occasions.
2. Issue notice. Issue notice of stay application also, returnable within six weeks.
3. Meanwhile, effect and operation of the order dated30.12.2022 (Annex.4) shall remain stayed.”
3. Aforesaid stay order continues to subsist in favour of the petitioner till date.
4. Transfers are a standard and integral aspect of government employment conditions. Employees do not possess an inherent right to demand continuation of their service at a specific location.
5. This Court ordinarily refrains from intervening in transfer matters, acknowledging administrative needs for employees to fulfill their dut
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 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.
Government employees do not possess an inherent right to remain at a specific location, with transfers being integral to employment conditions.
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 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 ....
Transfer orders must comply with established rules and procedures, and administrative needs cannot override legal requirements.
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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