Order

13/03/2024

1. The scope of controversy involved in the present batch of writ petitions is predominantly identical and the common grievance of the petitioners subsists on account of their impugned transfers, as ordered by the respondent-employer/State of Rajasthan.

2. The overarching grounds raised by the counsel for the petitioners, challenging the impugned transfer orders, are largely outlined herein-under:-

2.1 That the policy formulated and issued by the respondent-

State was violated whilst issuing the impugned transfer orders.

2.2 That the transfer orders have been issued with malice.

2.3 That on account of certain medical exigencies, undue hardship is caused to the petitioners by the impugned transfer orders.

2.4 That the spouse(s) of certain petitioners, are posted at different locations, on account of which the impugned transfer orders are causing prejudice to the petitioners.

2.5 That pick and choose/preferential treatment is given to certain employees and due to said unfair accommodation, the impugned transfer orders have been issued against the petitioners.

2.6 That the transfer orders have been passed by incompetent authorities.

3. Per contra, learned counsel for the respondent- department/State have argued that the scope of judicial review with transfer orders is miniscule. Transfer is an incident of service and due weightage ought to be given to administrative exigencies, whilst dismissing the said petitions.

4. After hearing learned counsel for both the sides, this Court is of the view that the officers-in-charge of the various/distinct respondent-departments are required to remain present in Court on the next date, for the better assistance of the Court, especially on the factual averments made by the petitioners on grounds of malice etc. Furthermore, the presence of the said officers-in- charge is also warranted for providing clarity on the aspect of purported incompetence on part of the respondents to pass the impugned transfer orders.

5. In this background, the Managing Director(s) of the respective respondent-Departments are also required to remain present before the Court on the next date, virtually, to appraise the Court on the foregoing queries, and also regarding the purported pick and choose method adopted by the respondent-

Departments in transferring and/or not transferring certain employees, arbitrarily.

6. List tomorrow i.e. 14.03.2024 at 2:00 PM for final disposal in the supplementary cause-list.

7. No further adjournments shall be granted.

8. Additionally, ‘dasti’ service is permitted upon the private respondents in those petitions, where allegations of mala fides/undue accommodations are leveled.

9. It is made clear that on the next date, the concerned officers-in-charge and MD’s of the respective Departments shall mark their attendance for better assistance of the Court, either virtually or physically, as they deem fit.

(SAMEER JAIN),J JKP/s-413 to 419, 422 to 430, 434-435, 438

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