MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner while working as Junior Scientist Assistant with the respondents and posted in the Office of Deputy Director Agriculture (Quality Control) Pesticide Lab at Bikaner was served with an order of transfer dated 14.06.2007 (Annex.1) transferring him to the Office of Deputy Director Agriculture (Quality Control) Jodhpur. The petitioner challenged the order of transfer before the Rajasthan Civil Services Appellate Tribunal. The Tribunal proceeded to reject his appeal by the order dated 05.07.2007 (a photostat whereof has been placed on record after filing of this writ petition for having been received later by the petitioner).

(2.) By the order dated 05.07.2007 the Tribunal observed that there was no mala fide behind the order of transfer and rejected the contention of the petitioner that transfer order was issued only to accommodate the respondent No. 2 (respondent No. 3 in the present petition). On the contention of the petitioner that transfer order was improper for having been issued during currency of the ban imposed on transfers, the Tribunal observed that in that relation the petitioner ought to seek remedy by making representation before the authority imposing such ban. The Tribunal further observed that the transfer policy was only directory in nature and an employee has no legal right to have it enforced; and that transfer was a natural incident of service and the government employee has no legal right to seek posting at a particular place.

(3.) Aggrieved, the petitioner has preferred this writ petition and it is submitted that the transfer order has been issued as per desire of the office of the Chief Minister and the post of Junior Scientist Assistant being not of administrative nature cannot be a subject of transfer at the instance of high office of the Chief Minister; that the impugned order has been issued in the mechanical fashion without application of mind; that the transfer order has been issued only in order to accommodate the respondent No.3; that the petitioner has been transferred on 14.06.2007 though at the relevant time there was a ban on transfer; and that the petitioner has been subjected to transfer within short span of 24 months which is contrary to the policy of the respondent-Department. Learned counsel has referred to an order passed by the Hon ble Supreme Court in Sarvesh Kumar Awasthi v. U.P. Jal Nigam, and decisions of this Court in Om Prakash Sharma v. State of Rajasthan 1989 (1) RLR 826 and Narpat Singh Rajpurohit v. State of Rajasthan,WLR 1991 (S) Raj 136.