Govt Employee Has School Going Children, Old Parents Not Ground To Challenge Transfer Order: Rajasthan High Court

The Rajasthan High Court refused to interfere in the transfer order of a government servant by opining that no malafide has been alleged in the transfer order and the contention of the petitioner that he has school going children and old parents cannot be a ground for the Court to interfere in the transfer order.

The single judge bench of Justice Vinit Kumar Mathur observed:

“No malafide has been alleged nor the transfer order passed by the Competent Authority is assailed on the ground that the authority, who has passed the transfer order, is not competent to transfer the petitioner. A bare perusal of the transfer order dated 14/01/2023 shows that 151 persons have been transferred and the petitioner has not been singularly chosen.”

The petitioner was appointed on the post of Patwari in the year 1999. On September 30, 2021, the petitioner was transferred from the office of Inspector Land Records, Tehsil Chikhli, Dungarpur to the office of Inspector Land Records, Bodigama Bada, Tehsil Sabla, Dungarpur.

Again vide order dated January 14, 2023, the petitioner was transferred from Tehsil Sabla to Circle Mohkampura, Tehsil Kushalgarh, Banswara.

The petitioner contended that there was no administrative exigency shown in the transfer order. The petitioner further submitted that has school going children and old parents, therefore, transferring the petitioner from Sabla to Kushalgarh would entail inconvenience to the family.

Hence, the petitioner approached the High Court for setting aside the impugned transfer order dated January 14, 2023.

The court noted that the contention of the petitioner that he has school going children and old parents cannot be a ground for this Court to interfere in the transfer order passed by the respondents on January 14, 2023.

The Court held:

“Since the petitioner is a government servant, he is liable to be transferred in the administrative exigency from one place to another. The grounds raised in the petition does not warrant any interference in the transfer order issued by the respondent-Department.”

Thus, the court dismissed the writ petition for being devoid of merit.

Case Title: Hemesh Bhavsar v. State of Rajasthan & Ors.

Coram: Justice Vinit Kumar Mathur

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