Having School-Aged Children And Old Parents No Ground To Challenge Transfer Order: Rajasthan HC

The Rajasthan High Court refused to intervene in the transfer order of a government employee, stating that no malafide was alleged in the order and the petitioner’s claim that he has school-age children and old parents cannot be a ground for the Court to intervene.

A single bench of Justice Vinit Kumar Mathur remarked,

“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.”

Hemesh Bhavsar, the petitioner, was appointed to the position of Patwari in 1999. 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 on September 30, 2021.

Bhavsar was again transferred from Tehsil Sabla to Circle Mohkampura, Tehsil Kushalgarh, Banswara, by order dated January 14, 2023.

He claimed that the transfer order did not show any administrative exigency. The petitioner also claimed that because he has school-aged children and old parents, transferring him from Sabla to Kushalgarh would be inconvenient for the family.

As a result, the petitioner moved the High Court for setting aside the impugned transfer order dated January 14, 2023.

The single bench noted that the petitioner’s claim that he has school-age children and older parents cannot be ground for this Court to intervene in the respondents’ January 14, 2023 transfer order.

“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,” Justice Mathur stated.

Therefore, the single bench dismissed the writ petition for being devoid of merit.