This DB Civil Special Appeal challenged a transfer order regarding a Class-IV Library Batook post. The High Court dismissed the appeal, upholding the Single Bench's view that transfer is a normal incident of service warranting no interference absent statutory violation or arbitrariness. Transfer of an officer to another district was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
*** D.B. CIVIL SPECIAL APPEAL (WRIT) NO.95/2015
(ASHOK VYAS V/S THE STATE OF RAJ. & ANR. ) ***
DATE OF ORDER
03.02.2015
HON'BLE MR. GOVIND MATHUR, J HON'BLE MISS JAISHREE THAKUR, J
S.D.Vyas for the appellant.
This appeal is preferred to question correctness of the order dated 27.01.2015 dismissing the writ petition preferred by the appellant-petitioner giving challenge to his transfer under an order dated 23.12.2014 passed by the Director, Rajasthan State Archives, Bikaner.
The learned Single Bench held that transfer is an incident of service and that does not call for any interference in the instant matter.
In appeal the argument advanced by learned counsel for the appellant is that the appellant-petitioner is holding the post of Library Batook, a post in class-IV cadre and he has been transferred at Ajmer against some other available vacant post in Class-IV cadre. According to learned counsel for the appellant, there is no post of Library Batook at Ajmer.
2
It shall be relevant to mention that the appellant-petitioner was earlier transferred to Ajmer vide order dated 31.05.2012. A challenge to the order aforesaid was given by way of filing a petition for writ (S.B.Civil writ Petition No.6798/2012) that came to be allowed under an order dated 07.03.2014 on the count that appellant-petitioner was permitted to continue at Bikaner by force of the interim order and interference with that shall not serve administrative exigency. In that petition for writ, merits of the case were not examined and it was left open for the respondents to transfer the appellant-petitioner, if administrative exigency so demands. After dismissal of the writ petition aforesaid, the present order of transfer is passed on 23.012.2014.
As already stated above, the argument advanced by learned counsel for the appellant-petitioner is that the post of Library Batook is not avalable at Ajmer, therefore, he could not have been transferred to Ajmer. We do not find any force in the argument advanced. The appellant-petitioner is a member of Class-IV cadre of service and he has been transferred to that cadre only. Being member of class-IV cadre he can be appointed on any of the post in Class-IV cadre having the same pay scale and status. So far as transfer of a government servant is concerned, it is well settled that it is a normal incident of service and the courts are not required to interfere with the same until there is any violation of statute or the transfer is an outcome of extraneous consideration or is shockingly
3
arbitrary. In the present case, no such eventuality exists. The learned Single Bench, thus, has rightly not interfered with the order of transfer. The appeal is dismissed accordingly.
[JAISHREE THAKUR],J. [GOVIND MATHUR], J.
Anil Singh
2 issues framed by the court
Whether the court can interfere with the transfer of a Class-IV government servant to a different place when no statute is violated.
Whether the refusal to recognize the unavailability of a specific post justifies quashing a transfer order.
Ashok Vyas
The State of Rajasthan
Other
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
