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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Shankar Lal Bamania S/o Shri Harish Chandra – Appellant
Versus
State of Rajasthan, through its Principal Secretary, Medical & Health Services. Government Secretariat, Jaipur – Respondent
Judgment :
Munnuri Laxman, J.
1) The present Special Appeal has been filed against the order dated 13.01.2025, passed by the learned Single Judge of this Court in S.B.Civil Writ Petition No. 697/2025, whereby the prayer for the quashment of the transfer order dated 07.01.2025 was rejected.
2) Aggrieved by the aforesaid order, the petitioner in the writ petition has preferred the present Special Appeal.
3) The background of the facts shows that the appellant was appointed as a Medical Officer on 17.03.2005 and subsequently he was promoted to the post of Senior Medical Officer on 11.07.2011 and thereafter on 12.07.2018, he was promoted to the post of Deputy Director, which is equivalent to the post of Chief Medical and Health Officer (CM&HO). The appellant was posted as CM&HO, Udaipur on 03.08.2022 and he had been working as CM&HO, Udaipur till the date of impugned transfer order.
4) The appellant’s grievance is that the impugned transfer order suffers from stigma, and further the transfer was made from the post of CM&HO/Deputy Director to the post of Deputy Controller, which is lower in rank. The petitioner was transferred from the post of CM&HO, Udaipur, to Deputy Controller, District H
Transfer orders must be justified by administrative exigency and cannot reduce a government servant's rank without consent; otherwise, they may be deemed stigmatic and subject to judicial review.
A transfer order is valid if issued by the competent authority and is an administrative necessity, barring cases of mala fides or arbitrariness.
The court affirmed that appointments to the Superintendent-II position must follow direct recruitment or promotion rules, prohibiting deputation from other departments.
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
The main legal point established in the judgment is that the transfer of the petitioner was found to be in compliance with the statutory rules governing the service, recommended by the Civil Services....
The court clarified the interpretation of Section 18(5) of the Uttarakhand Annual Transfer for Public Servants Act, 2017, emphasizing that it does not require a full-fledged inquiry and does not nece....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
A deputationist has no vested right and can be repatriated for valid reasons, and public interest and administrative exigencies are valid grounds for transfer.
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