[2025:RJ-JD:55190]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8978/2021 Ram Kishan Sharma S/o Sh. Kundan Lal Sharma, Aged About 45 Years, B/c Brahmin R/o Govt. Quarter No. 5, New Civil Line, Banswara.

----Petitioner Versus

1. Rajasthan High Court Jodhpur, Through Its Registrar General.

2. District And Session Judge, Bharatpur. 3. District And Session Judge, Banswara.

----Respondents For Petitioner(s) : Mr. Parmendra Bohra For Respondent(s) : Mr. Chayan Bothra HON'BLE MR. JUSTICE FARJAND ALI DATE OF CONCLUSION OF ARGUMENTS : 01/11/2025 DATE ON WHICH ORDER IS RESERVED : 01/11/2025 FULL ORDER OR OPERATIVE PART : Full Order DATE OF PRONOUNCEMENT : 19/12/2025

1. The writ petition has been filed on behalf of the petitioner seeking the following prayer:-

(i) The impugned order dated 22.2.2021 (Annex 7) passed by the respondent department may kindly be quashed and set aside and petitioner may transfer from present place of posting to the office of respondent no. 2.

(ii) Any other relief to which the petitioner is entitled may be granted in his favour.

(iii) The writ petition may be allowed with costs.

2. Briefly stated the facts of the case are that the petitioner, working as Clerk Grade-I under respondent No. 3 and has been suffering from cancer since 2017 and is undergoing continuous treatment at Sawai Man Singh Hospital, Jaipur. Owing to his grave medical condition, poor financial status, and the fact that his family and aged parents reside at Bharatpur, the petitioner repeatedly sought inter-district transfer from Banswara to Bharatpur by submitting several representations. The directions were issued by the Co-ordinate Bench of this Court on 13.01.2021 to decide his representation expeditiously, the respondent department rejected his request vide order dated 22.02.2021 solely on the ground of staff shortage. Aggrieved by the said rejection and continued inaction, the petitioner has filed the present writ petition.

3. Heard learned counsel appearing on behalf of the parties and perused the material annexed with the writ petition.

4. Upon a careful consideration of the pleadings and the material placed on record, this Court finds that although the petitioner has asserted that he is suffering from cancer and is undergoing treatment at Sawai Man Singh Hospital, Jaipur, no medical record or certificate issued by the said Government Hospital has been produced before this Court. The documents annexed with the writ petition are confined to preliminary diagnostic reports issued by private laboratories, which merely indicate the requirement of further investigation and do not conclusively establish the ailment as pleaded. Such unsubstantiated assertions, unsupported by authoritative medical evidence, cannot constitute a valid foundation for grant of relief in the exercise of writ jurisdiction.

4.1 This Court is of the view that transfer is an incidence of service and falls squarely within the exclusive administrative domain of the employer. It is well settled that courts do not act as appellate authorities over transfer orders passed on administrative exigencies, unless such orders are shown to be vitiated by violation of any statutory provision or by patent mala fides. In the present case, no material worth the name has been placed on record to prima facie establish any mala fide exercise of power on the part of the respondents, nor can posting at a particular place be claimed as a matter of right.

4.2 It is further noteworthy that except for the grounds and documents which were the subject matter of earlier proceedings culminating in order passed in the year 2021 by the co-ordinate bench of this Court, the petitioner has not placed on record any fresh or contemporaneous medical report to substantiate his claim as on date. In the absence of any updated or credible material, the stand taken by the respondents in their reply appears to be more appropriate and convincing as on date.

5. In view of the foregoing discussion