RISHAB CHAND JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the order dated 20. 7. 91 passed by Director Ayurved Department, Rajasthan, Ajmer by which he has been transferred from Bharatpur to Sawaimadhopur.

(2.) BRIEFY stated the case of the petitioner is that he was transferred by order dated 27. 12. 89 from Baden to Bharatpur Chikitsalaya and he joined his duty on 30. 12. 89. Since then he is working in 'a'grade Hospital, Bharatpur. He is a heart patient and has been operated on 20. 7. 79 at All India Institute of Medical Science, New Delhi. He has been advised for regular medical check up in the cardio clinic at New Delhi. He has also been advised to get himself regularly checked up at District Level Hospital and according to him he is being regularly checked at the District Hospital, Bharatpur. Notwithstanding this requirement of his health, the petitioner has been transferred from the 'a' Grade Hospital Bharatpur to Ayurved Dispensary, Surwal, Sawaimadhopur. At that place no facility for treatment of heart patient is available. The petitioner has assailed the order of transfer on the ground that the same has been ordered in violation of the Government Policy declared vide circular dated 28. 6. 90. He has stated that there is no administrative reason and no public interest is involved in passing of the order of transfer. The transfer has not been made in good faith. He has also raised the plea of discrimination by stating that other person namely Shri Tara Chand has been posted on deputation at Bharatpur due to his father's illness but despite his illness, the petitioner has been shifted.

(3.) MOREOVER, a violation of transfer policy simpliciter does not have the effect vitiating the order of transfer. The transfer policy of the Government contained in administrative instructions does not have the force of law. Neither any legal right is created in favour of a government servant nor any, government servant can claim that any of his legal right is infringed if transfer is made in breach of such policy. Violation of administrative transfer policy cannot be a ground for quashing of the order of transfer unless there are other circumstances showing arbitrariness in the exercise of power of transfer. lt will be sufficient to refer to the decision of the Supreme Court in Mrs. Shilpi Bose vs. State of Bihar (1) and Ram Charan Das vs. State of Rajasthan (2 ).