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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
MANOJ KUMAR BUNKAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(ARUN MONGA, J.)
1. Grievance of the petitioner stems from an impugned order dated 20.02.2024 (Annex.-1), vide which he was transferred from the office of Headquarter Nayala Assistant Director, Agriculture (Extension), Shahpura to the office of Headquarter Daroda, Assistant Director, Agriculture (Extension), Alwar.
2. During the pendency of writ proceedings, a co-ordinate bench of this Court passed an interim order dated 07.03.2024 staying the implementation of the transfer order qua the petitioner. Same being apposite is reproduced hereinbelow:-
“1. Learned counsel for the petitioner submits that the petitioner, who is an Agriculture Supervisor, has been sought to be transferred from Head Office Nayala, Office of Assistant Director, Agriculture (Extension), Shahpura to Head Office Daroda, Office of Assistant Director, Agriculture (Extension), Alwar vide order dated 20.02.2024. Counsel submits that the impugned order is in contravention to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 as the Agriculture Commissioner does not have authority/jurisdiction to pass an order of transfer of an employee within the same Panchayat Samitior same District or
Transfer orders must comply with established rules and procedures, and administrative needs cannot override legal requirements.
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.
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.
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 upheld that while transfers are necessary for administrative efficiency, they must comply with established policies regarding tenure at postings.
Judicial intervention in transfer matters is limited, acknowledging administrative discretion while protecting employee rights against unjust transfers.
The court upheld the administrative authority's right to transfer employees while emphasizing the limited scope of judicial intervention in such matters.
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