Rajasthan High Court brings some relief for Employees, Takes action against Transfers

Several State Government Employees in Rajasthan have approached the high court seeking cancellation of their transfer orders.

The Rajasthan High Court observed that the growing number of government employees challenging transfer orders is affecting the smooth functioning of government administration. Many employees are approaching the High Court and the Rajasthan Civil Services Appellate Tribunal to seek cancellation or suspension of their transfer orders.

The Court has allowed employees to submit their representations against transfers to competent authorities.

Courts Cannot Routinely Interfere with Transfer Orders

The Court clarified that its jurisdiction under Article 226 of the Constitution does not make it a second appellate authority over transfer orders passed by competent authorities or decisions taken by the appellate tribunal. Courts should not routinely interfere with transfer decisions made by the administration.

The High Court explained that judicial interference in transfer matters is limited to exceptional circumstances. Courts may interfere when a transfer order has been issued due to malice or bias, violates statutory provisions, has been passed by an incompetent authority, or causes extreme hardship due to a life-threatening disease affecting the employee’s service conditions.

No Right to Remain Posted at a Particular Place

The Court reiterated that transfer is an ordinary condition of government service. No government employee has a vested right to remain posted at a particular place of their choice. The competent authority has the power to decide employees’ places of posting based on administrative requirements, public interest and the smooth functioning of the government.

The High Court observed that personal inconvenience, hardship or a long stay at a particular place cannot, by themselves, be valid grounds for interfering with a transfer order. The Court found that the petitions before it did not establish sufficient grounds to justify judicial interference with the transfer decisions.

Employees Allowed to Submit Representations Within Two Weeks

To provide an opportunity for the employees to present their grievances, the High Court permitted the petitioners to submit representations against their transfer orders to the competent authorities within two weeks. The authorities were directed to consider and decide these representations within a further period of two weeks.

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