Hemesh Bhavsar vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

Heard petitioner.

The present writ petition has been filed against the transfer order dated 14/01/2023.

Briefly the facts in the case are that the petitioner was initially appointed on the post of Patwari on 20/10/1999 on probation basis. Thereafter, his services were confirmed on the post of Patwari. On 30/09/2021, the petitioner was transferred from the office of Inspector Land Records, Tehsil Chikhli, District Dungarpur to the office of Inspector Land Records, Bodigama Bada, Tehsil Sabla, District Dungarpur. The petitioner was working at Sabla since then. Vide order dated 14/01/2023, the petitioner was again transferred from Sabla to Circle Mohkampura, Tehsil Kushalgarh, District Banswara. He submits that no administrative exigency is shown in the transfer order. He submits that the petitioner has school going children and old parents and, therefore, transferring the petitioner from Sabla to Kushalgarh will entail inconvenience to the family. He, therefore, prays that the transfer order dated 14/01/2023 qua the petitioner may be quashed and set aside.

I have considered the submissions made at the Bar and I have gone through the order dated 14/01/2023.

Although in the writ petition the ground for frequent transfers has also been made, however, the same has not been argued before this Court. 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. The grounds raised in the petition does not warrant any interference in the transfer order issued by the respondent-Department. 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.

In view of the discussions made above, no interference in the transfer order passed by the respondent authority is warranted by this Court. The writ petition being devoid of merit and the same is, hereby, dismissed.

The stay application and other pending applications, if any also stand disposed of.