Niranjan Sharma @APPELLANT@Hash State of Rajasthan & Ors.

This writ petition has been filed by the petitioner aggrieved against the order of transfer dated 11/5/2018 (Annex.4), whereby, the petitioner has been

transferred from the Post of Assistant Engineer, Drilling Sub-Division-I, Udaipur to Assistant Engineer, Sub-Division, Baran.

The petitioner was initially appointed on the post of Assistant Driller in the year 1980, whereafter, in due course of time he was promoted on the post

of Drilling Supervisor and ultimately as Assistant Engineer on 11/7/2013. While working on the post of Assistant Engineer, Drilling Sub-Division,

Baran, the petitioner was transferred to Udaipur with additional charge of Salumbar. Now by order dated 11/5/2018, the petitioner has been

transferred from Udaipur to Baran.

It is submitted by the petitioner, who has appeared in person, that the order Annex.4 passed by the respondents is not justified. It is submitted that

there are as many as nine sanctioned posts of Assistant Engineer under Udaipur Drilling Division and petitioner is the only person posted, who is

holding additional charge of other eight Drilling Sub-Divisions, and now even he has been transferred from Udaipur Drilling Division, resulting in there

being no officer left at Udaipur.

Further submissions have been made that since appointment, the petitioner is working in Drilling Division and now he has been sent as Assistant

Engineer, Sub-Division, Baran, which also is not justified. Additional submission was made that petitioner is due to retire in February, 2020 and as not

much time is left in his retirement, the respondents are not justified in transferring the petitioner. It was prayed that the order Annex.4 dated 11/5/2018

be quashed and set aside.

I have considered the submissions made by the petitioner and have perused the material available on record.

So far as the submission regarding petitioner being the only Assistant Engineer working at Udaipur Division, which has got nine sanctioned posts and

even his transfer from said place is concerned, the said aspect is for the respondents to consider as it has been indicated in the order that the posting

of the petitioner has been made in the interest of Government/ for administrative reasons. Further the petitioner has been posted vice one Vikram

Singh Gurjar, who has been placed Awaiting Posting Order, which appears to be the reason for posting the petitioner at Baran.

So far as the fact that petitioner all along worked in the Drilling Division is concerned, on being asked the petitioner fairly submitted that he is not

ineligible to man the post of Assistant Engineer, Sub-Division, Baran. In view, thereof, the said aspect about petitioner having all along worked in

Drilling Division by itself cannot be a reason to affect the validity of the order impugned.

The last submission made by the petitioner regarding his impending retirement in February, 2020 also cannot invalidate the order of transfer as in case

of administrative exigency an officer can be transferred even when he is nearing retirement.

In view of the above fact situation and the fact that there is no illegality in the order passed by the respondents transferring the petitioner, no

interference is called for in the present writ petition.

However, in case the petitioner stands advised, he can make a fresh representation to the respondents indicating all the grievances as raised in the

writ petition in continuation of his pending representation dated 16/5/2018 (Annex.5) and if such a representation is made, the respondents would deal

with the same appropriately within a period of three weeks from the date such further representation, if any, is made.

With the above observations and directions, the writ petition filed by the petitioner stands disposed of.