Citation : 2025 Latest Caselaw 9340 Raj
Judgement Date : 25 March, 2025
[2025:RJ-JD:15621]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6492/2025
Gulab Ram S/o Pema Ram, Aged About 59 Years, Ward No.19,
Padampur District Sriganganagar (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Land Revenue, Secretariat, Jaipur (Raj).
2. District Collector (Land Revenue), Sriganganagar (Raj.).
3. Subhash Chander, Office Kanungo, Tehsil Padampur,
District Sriganganagar (Raj.).
----Respondents
For Petitioner(s) : Mr. Himmat Jagga with
Ms. Tania Chugh
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
25/03/2025
1. The petitioner herein, who is working as Inspector, Land
Records, seeks quashing of an order dated 15.01.2025 (Annex.2),
vide which he has been transferred from Ratwala, Tehsil Padampur
to Tehsil Padampur, which is stated to be 15 kms. away.
2. Heard.
3. Learned counsel for the petitioner submits that the petitioner
is slated to retire on 31.03.2026 and, therefore, the impugned
order is violative of the principles laid down by Division Bench of
this Court in Dr. (Smt.) Pushpa Mehta Vs. Rajasthan Civil
Services Appellate Tribunal & Ors. Reported in 2001(1) RLR
398.
[2025:RJ-JD:15621] (2 of 2) [CW-6492/2025]
4. Transfer being matter of administrative exigency, this Court
generally refrains to interfere and treads cautiously, unless it is a
case of either patent violation of law or extreme hardship.
Moreover, to transfer or not to transfer an official, is sole
discretion of the employer based on the administrative exigencies.
Rather, transfer is an integral part of service conditions of a
government employee and the same arise out of the
administrative exigencies. Such orders are not to be treated as
punishment or a promotion.
5. Moreover, reliance placed by learned counsel for the
petitioner on the judgment in the case of Dr. (Smt.) Pushpa
Mehta (supra), is totally lopsided as the underlying principle
therein was that an employee should not ordinarily be transferred
out of district on the verge of retirement as the same results in
delay in retiral benefits due to change of treasury.
6. Case in hand does not seem to be such that the petitioner is
suffering any extreme hardship of the nature warranting
interference by this Court as he has been transferred in the same
tehsil.
7. In the premise, the writ petition is dismissed.
8. All pending application (s), if any, shall also stand disposed
of.
(ARUN MONGA),J 184-SP/skm/-
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