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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Sameer Jain, J
YASH CHOUDHARY SON OF SHRI SATYANARAYAN CHOUDHARY – Appellant
Versus
JAIPUR VIDYUT VITRAN NIGAM LIMITED – Respondent
Judgment :
1. Learned counsel for the petitioner has submitted that petitioner has challenged the order dated 15.01.2025 issued by the respondents whereby petitioner was transferred from District Jaipur to Raghunathpura, which is 310 Kms. away.
2. Learned counsel for the petitioner has submitted as follows:-
(I) That petitioner and his wife (spouse) are both working in respondent-Department and as per the spouse policy, they may be transferred/kept at same place.
(ii) That petitioner’s parents are suffering from severe health issues.
(iii) That petitioner is already relieved vide order dated 18.01.2025 and had also joined at the latest place of posting.
(iv) That petitioner is transferred to accommodate someone else and it is not the case of administrative exigencies.
3. Per contra, learned counsel for the respondents has submitted as follows:-
(I) That petitioner as per history of posting was serving at Jaipur for a period of approximately 10 years along with his spouse and policy of spouse was duly considered.
(ii) That as per his instructions, there are certain audit objections, and considering the same, the said transfer order is passed.
(iii) That the said transfer is made on account of
Transfers in public service are an incidence of employment, and administrative discretion is upheld unless proven arbitrary.
The main legal point established in the judgment is that transfer is an incident of service, and a public servant has no vested right to seek transfer to a location of his choice. The courts should n....
Administrative authority has discretion to transfer employees based on exigency, notwithstanding allegations, without the need for prior inquiry into the misconduct.
Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.
Transfer orders must be based on administrative feasibility, and personal hardships do not guarantee entitlement if guidelines are appropriately followed.
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