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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Sharwan Kumar S/o Shri Moti Lal, – Appellant
Versus
Jodhpur Vidyut Vitran Nigam Limited, Jodhpur – Respondent
| Table of Content |
|---|
| 1. transfer orders set aside (Para 15) |
| 2. transfers must respect seniority rules (Para 16 , 17 , 18) |
ORDER :
(ARUN MONGA, J.)
1. Before this Court are, unskilled/semi-skilled and/or skilled (Category 'A' or 'B') staff members of the two Power Distribution Companies (discoms) operating in State of Rajasthan, i.e. Jodhpur Vidhyut Vitran Nigam Ltd. (JVNL) and Ajmer Vidhyut Vitran Nigam Ltd. (AVNL). Vide instant order the entire bunch of above numbered petitions is being disposed of as same controversy is involved therein.
2. Common grievance being, that by virtue of mass transfers carried out by both the Discoms, the petitioners have not only been dislodged, but their service conditions have also been adversely changed qua inter-se seniority, which are to be maintained at Sub divisional/Divisional Level.
3. Given the nature of controversy, the individual facts in the various petitions need not be gone into.
3.1. What is assailed herein is the legality of the transfer orders being in alleged violation of the applicable service rules, as well as, the administrative impropriety of giving complete short shrift to even the deserving cases of extreme hardships which the petitioners
Transfer orders violating established seniority rules and adversely affecting employee rights are unlawful, necessitating fresh orders that respect seniority and consider administrative exigencies.
Transfer orders violating seniority jurisdiction are improper; employee rights must be balanced with administrative needs.
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
The court upheld the validity of the final seniority list, affirming compliance with the A.P. Reorganization Act and the One Man Committee's directives, while emphasizing the need for adherence to pr....
Employees who voluntarily transfer forfeit their seniority for promotion, which must be calculated from the date of transfer, not from their initial entry date.
Employees transferred at their own request must forfeit previous seniority and accept the lowest rank in the new department, as stipulated by service regulations.
The court emphasized that constitutional challenges must be supported by clear pleadings, and the amendment by TRANSCO was valid as it fell within its regulatory powers.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Mutual transfers in Railway services must respect original seniority unless justified; improper reassignment mandates corrective action.
Court affirmed that service prior to inter-divisional transfer counts for eligibility, but not for seniority in promotion considerations.
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