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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
GANPAT CHOUDHARY – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
Order :
1. Petitioner herein seeks quashing of order dated 19.07.2024 (Annex.8) passed by Rajasthan Civil Services Appellate Tribunal, vide which, his appeal against an office order dated 12.07.2024 (Annex.5) transferring the private respondent in his place, was dismissed.
2. During the pendency of writ proceedings, a co-ordinate bench of this Court passed an interim order dated 29.07.2024 staying the implementation of the transfer order. Same being apposite is reproduced hereinbelow:
“1. Issue notice, returnable on 12.09.2024. Issue notice of stay petition also.
2. Heard on stay application.
3. Vide Annexure 2, the petitioner's appointment on deputation was made at Swami Vivekanand Government Model School, Pichiyak, Bilara and since then he was rendering his services there. Vide order dated 12.07.2024 (annexure 5), one Geeta Sharma has been directed to be posted at Swami Vivekanand Government Model School, Pichiyak, Bilara, however, the predicament of the petitioner would be that neither there is any order regarding repatriation, posting, transfer or work arrangement with regard to the status of the petitioner nor is there any order keeping him await posting. Thus, a serious anomalous
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 review of transfer orders is limited; courts recognize administrative discretion while maintaining interim protections as necessary.
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
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.
Transfer orders must comply with established rules and procedures, and administrative needs cannot override legal requirements.
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 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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