State To Consider 'Exceptional Personal Hardships' Faced By Employees: Rajasthan HC Sets Aside Transfer Of Nurse Who Looks After Aged Mother

The bench of Justice Arun Monga held that the transfer would not only cause logistical difficulties to her but also adversely affect the timely care of her mother. The Court held that the peculiar situation of the petitioner of bearing the entire financial and caregiving responsibility of her dependent mother would add another layer of hardship in discharge of her duty if she was transferred.

“I am of the view given the mitigating circumstances of the petitioner, which have been conveniently given a go-bye in the reply filed by the respondents, is reflective of not only mechanical manner in which the case of the petitioner has been dealt with but also smacks of complete lack of compassion.”

The Court held that ordinarily it did not interfere with the matters of transfers and posting, however, in cases of extreme hardship or patent violation of law, it had to be done.

It ruled that being a model employer, the State was expected to empathize and consider the exceptional hardships of the employees and ignoring such situations reflected lack of compassion that went against moral governance.

Accordingly, the transfer order of the petitioner was set aside.

Title: Manju Sharma v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 44