LAWS(RAJ)-1997-12-28

ARCHANA PATNI Vs. STATE OF RAJASTHAN

Decided On December 11, 1997
Archana Patni Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE instant appeal has been filed under Section 18 of the Rajasthan High Court Ordinance against the judgment and order of the learned single Judge dated 10.11.1997 passed in S.B. Civil Writ Petition No. 3753/1997 by which the prayer of the appellant against the transfer order dated 23.9.1997 has been rejected.

(2.) THE facts and circumstances giving rise to this case reveal that the appellant, who is an Ayurvedic Doctor and serving with the respondents, has been posted in Sri Ganganagar, where her husband is also posted as Psychic Consultant in Govt. General Hospital. She has been transferred from Sri Ganganagar to Jodhpur vide order dated 23rd Sept., 1997 contained in Annex. 1. Being aggrieved and dissatisfied, the appellant challenged the said transfer order in the said writ petition on various grounds inter alia that her transfer was in contravention of the ]Govt. policy, which provided for posting of both the spouses together. Transfer to a distance of five hundred Kms. from Sri Ganga 'Nagar would cause her great hardship and it would affect the education of her children, who are studying in Class X and VIII at Sri Ganganagar, Moreover, allegations of malafide were also alleged. However, the said writ petition has been dismissed vide judgment and order dt. 10.11.1997. Hence this appeal.

(3.) AN employee holding a transferable post cannot claim any vested right to work on a particular place as the transfer order does not affect any of his legal rights and Court cannot interfere with a transfer posting which is made in public interest or on administrative exigency. In Gujarat Electricity Board v. Atma Ram 'Sugomal Poshani : (1989)IILLJ470SC , the Hon'ble Supreme Court has observed as under: