Rajasthan High Court
Rakesh Gupta S/O Shri Harishankar ... vs Director on 24 August, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17515/2019
Rakesh Gupta S/o Shri Harishankar Gupta, Aged About 55 Years,
R/o Plot No. 20, Avadhpuri, Mahesh Nagar, Tonk Phatak, Jaipur.
----Petitioner
Versus
Director, Department Of Animal Husbandry, Gandhi Nagar, Lal
Kothi, Jaipur.
----Respondent
For Petitioner(s) : Mr. Sanjay Rahar
For Respondent(s) : Ms. Sheetal Mirdha, AAG
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
24/08/2021
Instant writ petition has been filed by the petitioner with the
following prayers:-
"It is, therefore, prayed that the writ petition
may kindly be allowed and by issuing an
appropriate writ, order or direction the
transfer order dated 27.02.2019, 07.03.2019
& 27.07.2019, be quashed and set aside to
the extent of the petitioner.
Such other order as the Hon'ble Court deems
fit and proper may also be passed in favour of
the petitioner."
By this writ petition, the petitioner has challenged the
transfer order dated 27.02.2019 whereby the petitioner has been
transferred from Nagar Nigam Jaipur to Jiwana Jalore.
Counsel for the petitioner submits that the order of transfer
was never served upon the petitioner and the Nagar Nigam where
the petitioner is working is not relieving the petitioner for joining
at his new place of posting. Counsel further submits that the
(2 of 3) [CW-17515/2019]
Mayor, Nagar Nigam, Jaipur has also recommended to the
Department for retaining him on the present place of posting.
Learned Additional Advocate General appearing on behalf of
the respondents submits that the petitioner has further been
promoted on a higher post and he has been transferred due to
administrative exigency. Counsel further submits that the
petitioner has already been relieved by the Office of Nagar
Nigam, Jaipur vide order dated 01.10.2019 (Annexure-5) in
compliance of the transfer order dated 27.02.2019.
In support of this contention, counsel relied upon a
judgment passed by the Hon'ble Supreme Court in the matter of
Punjab and Sind Bank & Ors. Vs. Durgesh Kuwar, reported in AIR
2020 SC 3040 in para-17 has held as under:-
"17. We must begin our analysis of the rival
submissions by adverting to the settled
principle that transfer is an exigency of
service. An employee cannot have a choice of
postings. Administrative circulars and
guidelines are indicators of the manner in
which the transfer policy has to be
implemented. However, an administrative
circular may not in itself confer a vested right
which can be enforceable by a writ of
mandamus. Unless an order of transfer is
established to be malafide or contrary to a
statutory provision or has been issued by an
authority not competent to order transfer, the
Court in exercise of judicial review would not
be inclined to interfere. These principles
emerge from the judgments which have been
relied upon by the appellants in support of
their submissions and to which we have
already made a reference above. There can be
no dispute about the position in law."
Heard counsel for the parties and perused the record.
This writ petition filed by the petitioner deserves to be
dismissed for the reasons; firstly, the petitioner who is a
(3 of 3) [CW-17515/2019]
Government employee cannot claim to serve at a particular place
of his choice; secondly, the transfer orders can only be challenged
on the grounds of mala-fides and no such ground has been taken
by the petitioner in the present writ petition, thirdly, not only the
petitioner but as many as 113 other employees have been
transferred by the respondents vide order dated 27.02.2019 and
lastly considering the facts and circumstances of the present
case, I am not inclined to exercise the extra-ordinary jurisdiction
of this Court under Article 226 of Constitution of India.
Hence, this writ petition stands dismissed. All the pending
applications stand disposed of.
(INDERJEET SINGH),J
Upendra Pratap Singh /141
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