Having School Going Children & Old Parents Cannot Be A Ground To Interfere In Transfer Order: Rajasthan HC

The Rajasthan High Court has dismissed a man’s plea against his transfer.

While dismissing the plea, the Court refused to accept the contention of the petitioner that the petitioner has school going children and old parents, therefore, he should not be transferred.

“The contention of the petitioner that the petitioner has school going children and old parents, therefore, he should not be transferred, cannot be a ground for this Court to interfere in the transfer order passed by the respondents on 14/01/2023. Since the petitioner is a government servant, he is liable to be transferred in the administrative exigency from one place to another.”, Justice Vinit Kumar Mathur observed.

In this case, the petitioner was initially appointed on the post of Patwari on probation basis. Thereafter, his services were confirmed on the post of Patwari. Later he was transferred from the place of the work.

Vide an Order, the petitioner was again transferred from his place of work.

He challenged the Transfer Order before the High Court stating that he has school going children and old parents and, therefore, transferring him will entail inconvenience to the family.

The Court noted that though in the writ petition the ground for frequent transfers was made, however, the same was not argued before the Court.

The Court held that having school going children and old parents, therefore, he should not be transferred, cannot be a ground for the Court to interfere in the transfer order.

“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.”, the Court noted.

Thus, the Court dismissed the petition.

Cause Title- Hemesh Bhavsar v. State of Rajasthan & Ors.

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