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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Smt. Sushila Chhabra - Appellant
Versus
State of Rajasthan - Respondent
CW / 401 / 2023
Decided On : 17-03-2025
(A) Transfer of Service - Administrative Law - The petitioner challenged a transfer order dated 28/30.12.2022, citing frequent transfers within two years. The court acknowledged the administrative necessity of transfers and refrained from intervening in such matters - Interim stay order dated 09.01.2023 was made absolute, allowing future administrative transfers if necessary. (Paras 1-11)
(B) Writ Jurisdiction - The court emphasized that employees do not have an inherent right to remain at a specific location, and interventions in transfer matters are limited to exceptional circumstances. (Paras 5-6)
Facts of the case:
The petitioner was transferred from Sri Ganganagar to Suratgarh, prompting her to seek relief against what she claimed were frequent and unjustified transfers. The court noted the administrative needs and upheld the interim stay on the transfer order.
Findings of Court:
The interim order was made absolute, allowing the respondents to issue fresh transfer orders as needed while clarifying that no further prior sanction was necessary for such orders.
Issues: The main issues addressed were the frequency of transfers and the court's jurisdiction in transfer matters, particularly concerning administrative exigency.
Ratio Decidendi: The court ruled that while transfers are essential for administrative efficiency, the petitioner’s interim protection remains valid, and future orders can be issued without additional sanction.
Result: The petition is disposed of with the interim order made absolute.
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 duties at assigned locations.
6. In the instant case, given the duration of the interim protection granted by this Court, its utility appears to have waned over time.
7. Be that as it may, the interim order is made absolute, but with liberty to the respondents to pass fresh orders in future, if necessary due to administrative exigency.
8. Learned counsel appearing for the respondents submits that passing of the fresh order would require a prior sanction from the competent authority in view of the ban imposed on transfers by the Government vide Chief Secretary's order dated 04.01.2023, which was subsequently clarified vide an administrative circular/order dated 03.01.2024.
9. In the premise, in order to obviate any procedural or administrative hurdle, it is made clear that since the liberty has been granted by way of issuance of writ of this Court, in the nature of mandamus, thus fresh decision, if warranted, qua the petitioner shall be construed to be in continuation of his earlier transfer order impugned herein. No further prior sanction would be required in terms of the order dated 04.01.2023 ibid.
10. However, in the parting, it is made clear that granting liberty to pass fresh order is not to be construed as a direction of this Court to necessarily do the same even if there is no such requirement otherwise.
11. Disposed of as above.
12. Pending applications, if any, also stand disposed of.
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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