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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
MUKESH KUAMR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The petitioner, who is working as Junior Assistant herein, inter alia, seeks quashing of an order dated 15.01.2025, vide which he was transferred from Municipal Board, Abu Road, District Sirohi to Municipal Board, Sheoganj, District Sirohi, which is at a distance of around 110 kms.
2. Relevant facts for the purpose of adjudication are that the petitioner was appointed as Junior Assistant on compassionate basis vide order dated 27.02.2020. Vide impugned order he was transferred, which led to filing of this petition on the ground that his seniority position will be affected because the seniority of Junior Assistant is maintained at the level of Municipality.
3. In the aforesaid backdrop, I have heard learned counsel for the petitioner and perused the case file.
4. Grievance of the petitioner is that the seniority of Junior Assistant is maintained at the Municipality level and transfer from one Municipality to another may result in adversarial impact on the petitioner as he may become junior to his counterparts in the Municipality where he has to join pursuant to the impugned transfer order.
5. In this context, reference may be had to Section 336 of the Rajasthan Municipalities
The court upheld the legality of transferring a Junior Assistant between Municipalities under the Rajasthan Municipalities Act, 2009, affirming that seniority concerns can be remedied administrativel....
Acceptance of transfer conditions that require forfeiture of seniority precludes subsequent claims for seniority, and delay in raising such claims can render them stale.
Transfers of police personnel must comply with district-wise seniority regulations as per Rule 26 of the Rajasthan Police Subordinate Service Rules.
Judicial review of transfer orders is limited to cases of mala fides or statutory violations; transfers are normal incidents of service.
The main legal point established is that the State Government's power to transfer a Municipal Corporation employee under Section 58(5) and (6) of the Act of 1956 is limited to deputation to another M....
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