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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
MAHENDRA SINGH – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
Order :
1. Petitioner herein seeks quashing of two orders, i.e. dated 22.02.2024 (Annex.3), vide which, he has been transferred from Bordar Home Guard, Sriganganagar to Home Defence Training Institute, Jodhpur and dated 23.02.2024 (Annex.4), vide which, he was relieved.
2. During the pendency of writ proceedings, a co-ordinate bench of this Court passed an interim order dated 15.03.2024 staying the implementation of the transfer order. Same being apposite is reproduced hereinbelow:
“1. While accepting that the petitioner has been relieved on 23.02.2024, learned counsel for the petitioner assailed the impugned transfer order dated 22.02.2024 on the following three grounds :-
(i). That while transferring the respondent No.4 on 20.02.2024 at Border Security Force (BSF), Sri Ganganagar, the post had been shown as vacant, whereas as on 20.02.2024, the petitioner was working on the said place.
(ii). That the respondent No.4 is a Deputy Commandant but he has been posted by order dated 20.02.2024 as Battalion Commandant.
(iii). Petitioner’s transfer within a period of 13 months from his posting at Sri Ganganagar on 15.01.2023 is contrary to the transfer policy dated 01.08.2007, in asmuch as no t
The court upheld that while transfers are necessary for administrative efficiency, they must comply with established policies regarding tenure at postings.
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.
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.
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.
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.
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