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 administratively.

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 Act, 2009, which reads as under:-

“Sec. 336. Transfer from one Municipality to another. - (1) Any officer or servant of a Municipality who is a member of subordinate service, ministerial service or class IV service may be transferred by the State Government from the service of one Municipality to the services of another Municipality.

(2) Any officer or servant of the Municipality may be transferred by the State Government to the Jaipur Development Authority or Jodhpur Development Authority or Rajasthan Housing Board or any Urban Improvement Trust or any other local body on post carrying pay scale not lower than the pay scale of the officer or servant to be transferred:

Provided that the lien of the Officer or servant so transferred shall remain in the parent Municipality and he shall be considered for further promotion whenever a consideration for promotion to the higher post in his cadre is made in the Municipality.”

6. Perusal of the above clearly leaves no manner of doubt that the competent authority of the government is vested with the power to transfer ministerial services of Class-IV and subordinate service members from one Municipality to other. As regards the adverse affect on the seniority of the petitioner, there is nothing on record to show that he will be rendered junior by virtue of the transfer order. In case it so happens, the petitioner shall move an appropriate representation and remedial administrative orders shall be passed by protecting the seniority of the petitioner at the same level, which he was having in his earlier Municipality, where he was originally appointed.

7. Disposed of with the aforesaid observations.

8. All pending application(s), if any, stands disposed of.