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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Jivraj Kaswan S/o Mamraj Kaswan – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. In this bunch of petitions under challenge are respective transfer orders of the contractual employees (petitioners). Assertion is that not only their transfer is sheer mechanical exercise of mind, but also in blatant non-compliance of applicable Rules. Facts of individual cases are thus not being gone into, as what is assailed herein simplicitor is the procedure, legality and the administrative propriety of the transfers/postings of the petitioners. Vide this common order, above tilted petition along with the ones recited in Appendix (A) are being disposed of as similar issues are involved therein.
2. Concededly, all the petitioners are contractual employees working in different Departments i.e. Medical & Health/ Panchayati Raj and Rural Development of the State of Rajasthan. They have been appointed under the Rajasthan Contractual Hiring to Civil Posts Rules , 2022 (for short, 'the Rules of 2022').
3. Common grievance being, that by virtue of transfers carried out by the respondents, the petitioners, being contractual on jobs, are very low-paid employees vis-à-vis their counter parts in regular employment. They have been dislodged, contrary to the provisions of Rule 16(ii
Contractual employees are protected from transfers under Rule 16(ii) of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022, ensuring their stability and addressing financial hardships.
The transfer of contract employees is permissible under certain conditions as provided in the terms of the contract and relevant policies.
The main legal point established is that the terms of the contract and the policy permit the transfer of contract employees based on administrative exigencies, and the employer has the right to trans....
Contractual employees can be subject to transfer if explicitly stated in their employment contract, limiting rights akin to permanent employees.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Right to fair treatment is an essential inbuilt of natural justice.
The employer's discretion in transferring a contractual employee must be exercised judiciously and cannot be arbitrary; the court can intervene if proven tainted with malice.
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