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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Harvinder Singh, S/o. Sh. Gurdeep Singh – Appellant
Versus
Director Secondary Education, Bikaner – Respondent
ORDER :
FARJAND ALI, J.
1. The petitioner has preferred the instant writ petition assailing the legality and propriety of the impugned order dated 02.06.2017 passed by the respondent-Department whereby the petitioner was kept under Awaiting Posting Order as well as the order dated 14.06.2017 passed by the learned Rajasthan Civil Services Appellate Tribunal, Jaipur, whereby his appeal was dismissed with costs. The petitioner prays for quashing of the said orders and seeks permission to continue his service at 8 SDS, Sardul Sahar, District Sri Ganganagar.
2. Succinctly stated, the petitioner is serving as Head Master at Government Secondary School, Basir, Tehsil Tibi, District Hanumangarh. While discharging his duties at the aforesaid post, the petitioner was transferred vide order dated 18.10.2016 from his then place of posting to 8 SDS, Sardul Sahar, District Sri Ganganagar. A copy of the said transfer order, wherein the petitioner’s name appears at Serial No. 37, is annexed as Annexure–1.
2.1. Aggrieved by the said transfer order, the petitioner preferred Appeal No. 3133/2016 before the learned Tribunal on multiple grounds, inter alia, challenging the denial of TA/DA benefits. A copy
Indefinitely placing a public servant under Awaiting Posting Orders without statutory basis violates service law principles and fairness in governance.
Awaiting posting orders must comply with transfer bans and require proper justification and permissions to be valid.
The awaiting posting order cannot be issued without urgency and proper permissions, violating established rules.
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Administrative decisions affecting service positions must adhere strictly to the principles of natural justice, comply with existing judicial orders, and be founded on lawful premises.
Transfer without specific assignment contravenes defined statutory procedures, establishing an Awaiting Posting Order lacking necessary compliance.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Court upheld the principle that employees in government service do not have an inherent right to remain in a specific location, allowing for administrative transfers.
The court affirmed that transfer orders for government employees are generally not subject to judicial interference unless proven to be arbitrary or in violation of statutory rules.
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