Dariyav Singh S/O Shri Haripal ... vs Ajmer Vidyut Vitran Nigam Ltd
2021 Latest Caselaw 4058 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 9207/2021

Dariyav Singh S/o Shri Haripal Singh, Aged About 27 Years, R/o
Village Bai, Tehsil Nawalgarh, District Jhunjhunu (Raj.)
                                                                    ----Petitioner
                                   Versus
1.     Ajmer Vidyut Vitran Nigam Ltd., Through Its Managing
       Director, Vidyut Bhawan, Panchsheel Nagar, Makadwali
       Road, Ajmer-305004
2.     Secretary (Admn.), Ajmer Vidyut Vitran Nigam Ltd.,
       Vidyut    Bhawan, Panchsheel               Nagar,        Makadwali   Road,
       Ajmer-305004
3.     Superintending Engineer, Ajmer Vidyut Vitran Nigam Ltd.,
       Jhunjhunu.
4.     Assistant Engineer (O And M), Gudha Gaurji, District
       Jhunjhunu (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Sandeep Garssa For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH Order 26/08/2021

This writ petition has been filed by the petitioner challenging

the transfer order dated 12.08.2021 whereby the petitioner has

been transferred from AEN (O & M), AVVNL, Gudha Gaurji, District

Jhunjhunu to Asind, District Bhilwara.

Counsel further submits that petitioner is low paid employee

and he has been transferred to another district.

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 :-

(2 of 2) [CW-9207/2021]

"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".

This writ petition filed by the petitioner deserves to be

dismissed; for the reasons; firstly, the petitioner who is an

employee of the Corporation cannot claim to serve at a particular

place of his choice; secondly, by order dated 12.08.2021 as many

as 23 employees have been transferred by the respondent(s) due

to administrative exigency and; lastly, in the facts and

circumstances of the present case, I am not inclined to exercise

the jurisdiction of this Court under Article-226 of Constitution of

India.

Hence, this writ petition is dismissed.

(INDERJEET SINGH),J

CHETNA BEHRANI /92

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