Rajasthan High Court
Nilesh Singh S/O Rameshwar Singh vs The Secretary, Vardhaman ... on 28 April, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10785/2021
Nilesh Singh S/o Rameshwar Singh, Aged About 55 Years, R/o
43A Ke Samne, Shivpura, Bhitiya Kuna, Kota, Rajasthan.
----Petitioner
Versus
1. The Secretary, Vardhaman Mahaveer Open University,
Kota, Rajasthan.
2. The Registrar, Vardhaman Mahaveer Open University,
Kota, Rajasthan.
3. The Director, School Of Humanities And Social Science,
Vardhaman Mahaveer Open University, Kota, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Aamir Khan on behalf of Mr. R.P.
Saini
For Respondent(s) : Ms. Anita Agarwal
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
28/04/2022
Instant writ petition has been filed by the petitioner with the
following prayers:-
"It is, therefore, most respectfully prayed
that this Hon'ble Court may very
graciously be pleased to accept and allow
this writ petition and further be pleased
to:-
(i) Issue an appropriate writ order or
direction in the nature thereof thereby,
the impugned transfer order dated
14.09.2021 (Annx.1) may kindly be
quashed and set aside.
(ii) Issue an appropriate writ order or
direction in the nature thereof thereby,
the respondents be further directed to
continue the petitioner at present place of
posting i.e. School of Humanities and
Social Science, Vardhaman Mahaveer
(2 of 3) [CW-10785/2021]
Open University, Kota on the post of Class
IV. "
Counsel for the petitioner submits that the petitioner has
been transferred by the respondents from Kota to Bharatpur vide
order dated 14.09.2021 and challenged the said order on the
ground that the petitioner is Class-IV employee.
Counsel for the respondents has opposed the writ petition
and submitted that the respondent is an open University and they
have various centres in the State of Rajasthan, whereas the
petitioner along with seven other employees have been
transferred to a near by centre of the District Kota. Counsel
further submits that due to administrative exigency, the petitioner
and seven other employees have been transferred.
The Hon'ble Supreme Court in the matter of Union of India
and Anr. Vs. Deepak Niranjan Pandit and Anr. reported in
(2020) 3 Supreme Court Cases 404 in para Nos. 3 and 4 has
held as under:-
"3.The High Court, in interfering with the order
of transfer, has relied on two circumstances.
Firstly, the High Court has noted that as a
result of the stay on the order of transfer, the
headquarters of the respondent will remain at
Mumbai and even if he is to be suspended, his
headquarters will continue to remain at
Mumbai. The second reason, which was
weighed with the High Court, is that the
spouse of the respondent suffers from a
cardiac ailment and is obtaining medical
treatment in Mumbai. In our view, neither of
these reasons can furnish a valid justification
for the High Court to take recourse to its
extraordinary jurisdiction under Article 226 of
the Constitution in passing an order of
injunction of this nature. Significantly, the High
Court has not even found a prima facie case to
the effect that the order of transfer was either
mala fide or in breach of law. The High Court
could not have dictated to the employer as to
where the respondent should be posted during
(3 of 3) [CW-10785/2021]
the period of suspension. Individual hardships
are matters for the Union of India, as an
employer, to take a dispassionate view.
4.However, we are categorically of the view
that the impugned order of the High Court
interfering with the order of transfer was in
excess of jurisdiction and an improper exercise
of judicial power. We are constrained to
observe that the impugned order has been
passed in breach of the settled principles and
precedents which have consistently been
enunciated and followed by this Court. The
manner in which judicial power has been
exercised by the High Court to stall a lawful
order of transfer is disquieting. We express our
disapproval".
This writ petition filed by the petitioner deserves to be
dismissed for the reasons; firstly, the petitioner who is an
employee of the respondents cannot claim to serve at a particular
place of his choice, secondly, in view of the judgment passed by
the Hon'ble Supreme Court in the matter of Union of India &
Ors (supra), no case is made out for interference by this Court
under Article 226 of the Constitution of India.
In that view of the matter, this writ petition stands
dismissed. All the pending applications stand disposed of.
(INDERJEET SINGH),J
Upendra Pratap Singh /142
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