Rajasthan High Court
Bhagwan Sahay Son Of Shri Arjun Ram vs State Of Rajasthan on 4 March, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1571/2022
Bhagwan Sahay Son Of Shri Arjun Ram, Aged About 49 Years,
Resident Of Digo, Tehsil Lalsot, District Dausa (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education, Government Of Rajasthan, Government
Secretariat, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The District Education Officer, (Secondary Education),
Sawaimadhopur.
4. Mohammad Zakir, Principal, Government Sr. Secondary
School, Jhalawar Road, Shri Chhatarpur, District Jhalawar,
Under Transfer Order In Place Of Appellant At Govt. Sr.
Secondary School, Malarna Dungar, District
Sawaimadhopur (Raj.)
----Respondents
For Petitioner(s) : Mr. Jitendra Pandey
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
04/03/2022
This writ petition has been filed by the petitioner challenging
the order dated 17.01.2022 passed by the Rajasthan Civil Services
Appellate Tribunal, Jaipur (hereinafter to be referred as 'Tribunal')
whereby the appeal filed by the petitioner against the order dated
29.09.2021 transferring him from Government Senior Secondary
School Malarna Dungar, District Sawai Madhopur to Government
Senior Secondary School, Jalniyasar, Jayal, District Nagaur has
been dismissed.
(2 of 4) [CW-1571/2022]
Counsel for the petitioner submitted that the petitioner has
been transferred just to accommodate the private respondent
No.4. Counsel further submits that earlier the respondents vide
order dated 25.09.2021 transferred the respondent No.4 at the
place of petitioner showing the post vacant in the transfer order
whereas the petitioner was working on the post in question.
Counsel further submits that the order dated 29.09.2021 has been
passed by the respondents only to get the post vacant for
accommodating the private respondent No.4. Counsel further
submits that the impugned transfer has been passed without
application of mind and prayed for quashing of the orders dated
25.09.2021, 29.09.2021 & 17.01.2022.
In support of his contentions, counsel relied upon the order
passed by the Coordinate Bench of this court in the matter of
Naresh Koli Vs. State of Rajasthan (S.B. Civil Writ Petition
No.7277/2006 decided on 08.11.2006).
Heard counsel for the petitioner and perused the record.
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
(3 of 4) [CW-1571/2022]
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 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 a
government employee cannot claim to serve at a particular place
of his choice; secondly, the petitioner is working on the post of
Principal which is a gazetted & State level post, as such he can be
transferred at any place in the State; thirdly in view of the
judgment passed by the Hon'ble Supreme Court in the matter of
Union of India (supra), in the facts and circumstances of the
(4 of 4) [CW-1571/2022]
present case, I am not inclined to exercise the jurisdiction of this
Court under Article 226/227 of the Constitution of India.
In that view of the matter, this writ petition stands
dismissed. All the pending applications also stand disposed of.
(INDERJEET SINGH),J
Jyoti/143
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