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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Sultan Singh Sahu, S/o. Manfool Ram – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. – Respondent
ORDER :
MUNNURI LAXMAN, J.
1. At the request and with the consent of learned counsels for the parties, all these writ petitions have been heard together and are being disposed of by this common order.
2. All these writ petitions have been filed challenging the impugned transfer orders. The facts relating to all these writ petitions reflect that the petitioners are working as Principals. By the impugned transfer orders, they were transferred to new places from their existing places. The transfer order reflects that they were made with an approval of the competent authority.
3. The challenge to the transfer orders were made basically on the grounds of infraction of the transfer policy of the State Government which gives certain priorities in transfer for the specific individuals like persons suffering with disability, cases of spouses, widows, abandoned women, single women, ex- servicemen, outstanding sportsmen, suffering with incurable diseases, dependents of martyrs, personnel working in remote areas, persons underwent by pass surgery or suffering from cancer, kidney transplantation surgery or dialysis, paralysis, the disability of two limbs, blindness etc.
4. Certain transfer orders we
Transfer decisions may prioritize administrative needs over statutory rights; executive guidelines do not impose enforceable rights upon employees regarding transfer policies.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Administrative transfers are not subject to judicial review unless issued by an incompetent authority or based on mala fides, reaffirming the principle that employees cannot claim a right to remain i....
Judicial review of administrative transfers is minimal; valid transfer policies do not confer enforceable rights. Employees accepting transfer terms in their contracts cannot contest them after prolo....
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
Transfers of office bearers must adhere to statutory guidelines; failure to do so constitutes arbitrariness, violating Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is the importance of following the transfer policy and statutory provisions in making transfer decisions, and the binding nature of policies framed by....
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