SUBHASH CHANDRA SAHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution of India by Subhash Chandra Saharan for quashing an order dated September 7. 1989, issued by the Superintending Engineer, Irrigation Department Government of Rajasthan, Jaipur transferring him from the post of Junior Engineer Gang Canal, North Division, Ganganagar to Command Area Development (C. A. D.) Indira Gandhi Nahar Pariyojna Organisation, Bikaner as against a vacancy caused by the transfer of Rekharam, respondent No. 3, from the latter place.

(2.) THE petitioner joined his services under the Government of Rajasthan in the Irrigation Department as Junior Engineer on April 14, 1970. By an order dated April 26, 1988 (Exhibit-1), the petitioner, while working as Junior Engineer at Gang Canal Link Division Sri Ganganagar (Bikaner Irrigation Circle), was transferred to Gang Canal, North Division, Sri Ganganagar. THE petitioner asserts that he joined at Gang Canal North Division, in compliance of the aforesaid order (Exhibit-l), but by another order dated May 19, 1988, his transfer from Gang Canal Link Division, Sri Ganganagar to Gang Canal, North Division Ganganagar was cancelled so as to allow Shri Bop Deo Beniwal to continue at Gang Canal, North Division, Ganganagar and resultantly, the petitioner was sent back to Gang Canal Link Division. Soon thereafter, by an order dated May 30, 1988, the re-posting of the petitioner at Gang Canal Link Division was cancelled and consequently, the petitioner had to join at Gang Canal, North Division. It is stated that the petitioner could hardly complete 1 year at Gang Canal, North Division that by an order dated May, 17, 1989 (Exhibit-3), he was transferred to Indira Gandhi Nahar Pariyojna Organisation, Bikaner and by this very order, Rekharam respondent No. 3 was posted at Gang Canal, North Division, Ganganagar vice the petitioner. It is alleged that there had been an earlier transfer order in relation to Rekharam respondent No. 3 dated December 31, 1988, but Rekharam was intersted in posting at Gang Canal, North Division, Ganganagar and he had not complied with this earlier transfer order dated December 31, 1988. However, by an office order dated June 9, 1989, the transfer order dated May 17, 1989 in relation to the petitioner and respondent No. 3 was cancelled and the result of this cancellation was that the petitioner continued at Gang Canal, North Division, Ganganagar and the respondent No. 3 at Indira Gandhi Nahar Pariyojana, Bikaner where he did not join. Now it is stated that by an order dated Sept. 7, 1989, the petitioner has again been transferred from Gang Canal, North Dvn. , Ganganagar to Commad Area Development, Indira Gandhi Nahar Pariyojana, Bikaner and respondent No. 3 has been posted at Gang Canal, North Division vice the petitioner. This is the latest transfer order which is (Exhihit-5) and which has been challenged in this petition.

(3.) ON the question of transfer generally, their Lordships of the Supreme Court commented as follows:- "one cannot but depracate that frequent, unscheduled and unreasonable transfers can uproot a family, cause irreparable harm to a Govt. servant and drive him to desperation. It disrupts the education of his children and leads to numerous other complications and problems and results in hardship and demoralisation. It therefore follows that the policy of transfer should be reasonable and fair and should apply to everybody equally. But, at the same time, it cannot be forgotten that so far as superior or more responsible posts are concerned, continued posting at one station or in one department of the Government is not conducive to good administration. It creates vested interest and therefore we find that even from the British times the general policy has been to restrict the period of posting for a definite period. We wish to add that the position of Class III and Class IV employees stand on a different footing. We trust that the Government will keep these considerations in view while making an order of transfer. "