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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Urmila Kumari – Appellant
Versus
State Of Rajasthan – Respondent
Order :
ARUN MONGA, J
1. Petitioner herein, serving as Auxiliary Nursing Midwife (ANM), seeks quashing of her transfer order dated 12.07.2018, vide which, she has been transferred from Primary Health Centre, Ramsara Tal, Tehsil Rajgarh, District Churu to Sub Health Centre, Satsera, District Bhilwara, at a distance of 750km.
2. Vide an order dated 17.07.2018 interim relief was granted by the Coordinate Bench, then seized of the matter at the time of issuing notice by staying the operation of the impugned transfer order of the petitioner.
3. The stay order so granted continues to subsist in favour of the petitioner till date. Resultantly, her grievance caused by the then circumstances stood mitigated and continues to be posted at the same location. It is not clear from the record as to how long prior to passing of the impugned transfer order she had been at the same location.
4. Transfers/work arrangement/posting/deputation (unless it is a selection post) 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. Personal inconvenience of a government servant must give w
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 administrative authority's right to transfer employees while emphasizing the limited scope of judicial intervention in such matters.
Judicial review of transfer orders is limited; courts recognize administrative discretion while maintaining interim protections as necessary.
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.
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.
Transfer orders must comply with established rules and procedures, and administrative needs cannot override legal requirements.
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 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.
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