Rajasthan High Court
Shivram Sharma Son Of Shri ... vs State Of Rajasthan on 25 August, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9006/2021
Shivram Sharma Son Of Shri Ghasiram Sharma, Aged About 58
Years, R/o Plot No. 11, Sona Vihar, In Front Of J.s. Four-Wheel,
Delhi Road, Alwar Presently Posted As A.en. (O And M)
Laxmangarh District Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel, Government Of Rajasthan,
Govt. Secretariat, Jaipur.
2. Rajasthan Rajya Vidyut Utpadan Nigam Ltd., Jaipur
Through Its Chairman Cum Managing Director, Vidyut
Bhawan, Near Jyoti Nagar, Jaipur.
3. Secretary (Admn.), Jaipur Vidyut Vitran Nigam Ltd.,
Vidyut Bhawan, Jyoti Nagar, Jaipur.
4. Sh. Jagan Lal Meena, A.en (O And M), Through Secretary
(Admn.), Jaipur Vidyut Vitran Nigam Ltd. Vidyut Bhawan,
Jyoti Nagar, Jaipur.
5. Jt. Director Personnel (Hr), J.v.v.n.l. Jaipur.
----Respondents
For Petitioner(s) : Mr. Ved Prakash Sogarwal
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
25/08/2021
By this writ petition, the petitioner has challenged the
transfer order dated 12.08.2016 whereby the petitioner has been
transferred from Laxmangarh (Alwar) to Bari (Dholpur).
Counsel for the petitioner submits that the petitioner is
going to retire after one year and eight months and according to
(2 of 3) [CW-9006/2021]
policy of the Department, the petitioner should not be transferred
at the fag end of his career.
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 petitioner and perused the record.
This writ petition filed by the petitioner deserves to be
dismissed for the reasons; firstly, the petitioner who is an
employee of corporation 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 49 other employees have
also been transferred by the respondents vide order dated
12.08.2016 and lastly considering the facts and circumstances of
the present case, I am not inclined to exercise the extra-ordinary
(3 of 3) [CW-9006/2021]
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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