Rajasthan High Court

Hanuman Prasad Vaishnava Son Of ... vs State Of Rajasthan on 14 October, 2022

Bench: Inderjeet Singh

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 15170/2022

Hanuman      Prasad     Vaishnava         Son     Of     Shri     Raghuvar    Dayal
Vaishnava, Aged About 55 Years, Resident Of Main Market,
Pitalwada, Block Bonli, Bamanwas, District Sawai Madhopur
(Raj.)
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Additional Chief Secretary,
         Education Department, Government Secretariat, Jaipur.
2.       Director, Secondary Education Rajasthan, Bikaner (Raj.)
3.       Joint   Director,       School    Education,         Bharatpur   Division
         Bharatpur (Raj.)
4.       Principal,    Government             Senior        Secondary        School,
         Gangwada, Tehsil Bonli, District Sawai Madhopur (Raj.)
5.       Ramesh Chand Meena, Teacher Grade-Ii (Sanskrit), At
         Present Posted In Place Of Petitioner At Government
         Senior Secondary School, Gangwada, Tehsil Bonli, District
         Sawai Madhopur (Raj.)
                                                                  ----Respondents

For Petitioner(s) : Ms. Komal Giri Goswami.

Mr. Bajrang Sepat.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

14/10/2022

This writ petition has been filed by the petitioner challenging

the transfer order dated 28.08.2022 passed by the respondents

as well as the order dated 30.09.2022 passed by the Rajasthan

Civil Services Appellate Tribunal, Jaipur (hereinafter to be referred

as 'Tribunal') whereby the appeal filed by the petitioner against

the transfer order dated 28.08.2022 has been dismissed.

(2 of 5) [CW-15170/2022]

Brief facts of the case are that the petitioner who is Senior

Teacher was transferred from Government Senior Secondary

School Gangwara, Sawai Madhopur to Government Upper Primary

School, Chorpura, Dholpur vide order dated 28.08.2022. Being

aggrieved by the said order, the petitioner filed an appeal

No.3797/2022 before the Tribunal which was dismissed by the

tribunal vide order dated 30.09.2022. Hence, this writ petition has

been filed by the petitioner challenging the order dated

30.09.2022 passed by the tribunal as well as the transfer order

dated 28.08.2022.

Counsel for the petitioner submits that the petitioner is

suffering from Heart disease of which he is taking regular

treatment at Jaipur. Counsel further submits that the petitioner is

going to retire within a period of five years. Counsel further

submits that the transfer of the petitioner is in violation of the

policy of the respondents and there was no administrative

exigency to transfer the petitioner and he has been transferred in

mala-fide manner.

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 spouse of the respondent suffers from a

(3 of 5) [CW-15170/2022]

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".

The Hon'ble Supreme Court in the matter of 'Rajendra

Singh & Ors. Vs. State of Uttar Pradesh & Ors. reported in

(2009) 15 Supreme Court Cases 178, where in para Nos. 8, 9

& 10, it has been held as under:-

"8. A Government Servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to the other. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contrary. No Government can function if the Government Servant insists that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desires (see State of U.P. v. Gobardhan Lal; SCC P.406 para 7).

(4 of 5) [CW-15170/2022]

9. The courts are always reluctant in interfering with the transfer of an employee unless such transfer is vitiated by violation of some statutory provisions or suffers from mala fides. In Shilpi Bose v. State of Bihar & Ors.1, this Court held : (SCC p.661, para 4) "4. In our opinion, the courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other.

Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department. If the courts continue to interfere with day-to- day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the administration which would not be conducive to public interest. The High Court overlooked these aspects in interfering with the transfer orders."

10. In N.K. Singh v. Union of India, this Court reiterated that : (SCC p. 103; para 6) "6. ... the scope of judicial review in matters of transfer of a Government Servant to an equivalent post without adverse consequence on the service or career prospects is very limited being confined only to the grounds of mala fides or violation of any specific provision...."

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, in view of the judgment passed by the Hon'ble

Supreme Court in the matters of Union of India & Rajendra

Singh (both supra); secondly, looking to the illness of the

(5 of 5) [CW-15170/2022]

petitioner the respondents have adjusted him at a near by district

and lastly, in the facts and circumstances of the present case, no

case is made out for interference by this court in the impugned

orders.

In that view of the matter, this writ petition stands