Rajasthan High Court | In an appeal challenging the transfer order, where the petitioner was which transferred from the office of Executive Engineer, Public Works Department, Block Kherwada, Udaipur to the Government UG College (Boys) Kherwada, a single-judge bench comprising of Dinesh Mehta, J., held that “the transfer policy cannot be read and construed in a pedantic manner so as to render transfers impermissible in every case” and refused to interfere with transfer order in present case where the transfer is an incidence of service and the petitioner was transferred within Kherwada, District Udaipur without causing significant inconvenience.
In the instant matter, the petitioner, an Assistant Accounts Officer, challenged an order dated 22-02-2024, which transferred him from the office of Executive Engineer, Public Works Department, Block Kherwada, Udaipur to the Government UG College (Boys) Kherwada, District Udaipur. The petitioner contended that the transfer, occurring before the completion of four years from the previous transfer, violated the respondent department’s transfer policy.
The Court acknowledged that while the transfer policy generally aims to prevent inconvenience and disturbance to employees, it does not categorically prohibit transfers before the completion of four years. Notably, the petitioner had been transferred within Kherwada, District Udaipur itself, minimizing potential inconvenience, especially considering the small size of the town. The Court emphasised that the transfer policy should not be interpreted rigidly to preclude all transfers, especially when no significant prejudice is suffered by the employee.
The Court held that interference by the Court is not warranted when an employee is transferred within the same village or town. The Court rejected the writ petition, affirmed the validity of the impugned transfer order and dismissed the stay application.
[Manohar Lal Meghwal v. State of Rajasthan, 2024 SCC OnLine Raj 679, order dated 22-03-2024]
Advocates who appeared in this case :
Mr. Pramendra Bohra with Mr. Dhanraj Khichi, Counsel for the Petitioner
Mr. Rakesh Arora, Caveator, Counsel for the Respondents
