[2025:RJ-JD:17656]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2304/2025 Lalit Mewara S/o Govind Prasad Mewara, Aged About 36 Years, 649 Behind Sangam Hotel, Imli Chowk Ke Pass, Gumanpura, Kota, New Grain Mandi, Kota (Raj.). At Present Posted As Assistant Engineer (O And M), Avvnl, Bijoliya (Raj.).

----Petitioner Versus

1. The Secretary (Admn.), Ajmer Vidhyut Vitran Nigam Limited, Vidhyut Bhawan, Panchshil Nagar, Makadwali Road, Ajmer.

2. S.p. Nagar, Assistant Engineer U/t Ta To Se (O And M), Avvnl, Bhilwara Transfer To Aen (O And M), Bijoliya Through The Secretary (Admn.) Ajmer Vidhyut Vitran Nigam Limited, Vidhyut Bhawan, Panchshil Nagar, Makadwali Road, Ajmer.

----Respondents For Petitioner(s) : Ms. Taniya Mehta For Respondent(s) : Mr. Ravi Bhansali Senior Advocate assisted by Mr. Vipul Dharia Mr. Vijendra Kumar HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

25/03/2025

1. The petitioner before this Court is assailing an order dated 15.01.2025 (Annex.-3), vide which he was transferred from AEN (O&M), Bijoliya to AEN (PROJECT & TECH-IA) O/o XEN (O&M), Bhilwara.

2. The matter was earlier heard on 30.01.2025 when following order was passed:-

“Learned counsel for the petitioner, inter alia, contends that vide an order dated 13.12.2017, passed by the Secretary, Ajmer Vidyut Vitran Nigam Limited (AVVNL), transfer policy framed by the coordination committee (appended as Annex.4), was made effective from 01.04.2018. She submits that by virtue thereof, the said transfer policy is an integral part of the service conditions of officials serving in AVVNL. Replying on Clause-2 thereof, she urges that once an official is transferred, he cannot thereafter be dislodged from that place before serving for a period of two years at the said place, unless either it is a case of promotion or pending departmental proceedings or if experties of the official is required at an alternative place or at the request of the official himself owing to mitigating circumstances.

Learned counsel for the petitioner points out that only recently the petitioner was posted at the current place in September 2024. Without any reasons of administrative exigency or any of the circumstances envisaged, ibid, the petitioner has yet again been transferred by Bhilwara.

Issue notice. Liberty is granted to serve through the nominated counsel of the official respondents.

‘Dasti’ as well.

List on 21.02.2025.

Till then, effect and operation of the impugned transfer order dated 15.01.2025 (Annex.3), qua the petitioner, shall remain stayed.”

3. Aforesaid stay order continues to subsist in favour of the petitioner till date.

4. On resumed hearing today, on question being posed to learned Senior Counsel as to why the aforesaid order be not made absolute, he would submit that speaking factually petitioner has no doubt been transferred prior to completion of his two years term and as per Clause 2 of the Policy ordinarily he ought not to have been transferred.

5. Be that as it may, since the applicability of the aforesaid transfer policy is not disputed, I am of the view that the petitioner is entitled to the benefit of the same.

6. Transfers are a standard and integral aspect of government employment conditions. Employees do not possess an inherent right to demand continuation of their service at a specific location. 7. This Court ordinarily refrains from intervening in transfer matters, acknowledging administrative needs for employees to fulfill their duties at assigned locations.

8. Accordingly, the interim order is made absolute, but with liberty to the respondents to pass fresh orders in future, if necessary due to administrative exigency.

9. However, in the parting, it is made clear that granting liberty to pass fresh order is not to be construed as a direction of this Court to necessarily do the same even if there is no such requirement otherwise.

10. Disposed of as above.

11. Pending applications, if any, also stand disposed of.

(ARUN MONGA),J

42-AK Chouhan/-