Dismissed

Rajendra Kumar Sharma v. R S R T C and Ors.

Rajasthan HC5 May 2015CW/6032/2015

Case brief

AI extract

What is this about?

Single-judge High Court dismissed a writ petition challenging a transfer order against a retiring bus conductor. The court held that employer transfer policies are directory, not mandatory rights, absent malafide or statutory violation, and refused to modify the transfer from Khetri to Dausa.

What did the court decide?

The writ petition was dismissed; the petitioner's transfer order was not interfered with; no leave to file further representation was granted.

The petitioner a Conductor with the RSRTC has challenged his transfer vide order dated 12.4.2015 from Khetri to Dausa. It has been submitted that the petitioner was earlier transferred from the office of RSRTC, Jaipur to its Khetri Depot. On a challenge thereto made in S.B Civil Writ Petition No. 2897/2015 vide order dated 9.3.2015 the petitioner was required to make a representation to the respondents detailing hisgrievanceagainsthistransfer purportedly being contrary to the RSRTC's own transfer policy wherein employees in the last year of the service were entitled to be considered for transfer to their home town if posted elsewhere.

Counsel for the petitioner submits that the petitioner is retiring in the Month of September 2015 and far from being allowed to stay in his home town Jaipur, he is being transferred away from it. This counsel submits, puts RSRTC's transfer policy on its head. It has been submitted that this aspect

of the matter was over-looked in the course ofconsiderationofpetitioner's representation dated 13.3.2015 made pursuant to the order dated 9.3.2015 passed by this Court in SBCW P. No. 2897/2015 and decision thereon on 17.4.2015. Hence the challenge to the order dated 17.4.2015 in this petition whereby the petitioner's transfer from Jaipur to Khetri has been modified to Dausa.

The petitioner- a Conductor with the RSRTC is retiring in the Month of September 2015. He was posted at Jaipur but earlier transfer to Khetri Depot vide order dated 1.2.2015 and relieved on 20.2.2015. As directed by this Court under its order dated 9.3.2015, on the consideration of his representation, the transfer now stands modified by order dated 17.4.2015 to Dausa -at the mere distance of 60 kms. from Jaipur.

It has been held by the Hon'ble Apex Court in catena of Judgments that the guidelines / transfer policy of an employer are only directory in nature and do not partake the character of law/ right enforceable by a writ court unless the transfer is palpably malafide or in breach of a statutory provision. No such ground is made out in this petition.

It goes without saying that the petitioner is always free to persuade his employer for his transfer from Dausa to Jaipur and there is no occasion to specifically allow the petitioner to file another representation under the leave of the Court, as prayed for by counsel for the petitioner.

Rajendra Kumar Sharma v. R S R T C and Ors.

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Sharma v. R S R T C and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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