RAJASTHAN COUNCIL OF DIPLOMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the grievance of the petitioner is about transfer of Government servants, particularly Class III and IV, which are being effected indiscriminately unjustly and frequently without any definite policy or guide -lines, which has resulted in demoralising the employees and harassment to them.

(2.) THE petitioner is a Union registered under the Indian Trade Unions Act, 1926. It is a trade union of all the diploma -holder -Engineers belonging to the PWD, PHED and Irrigation Department. The Union has filed this writ petition on behalf of its members and other State employees in public interest. The contention of the petitioner Union in this writ petition is that though the service conditions of the members of the petitioner Union are governed by the Rajasthan Service Rules, 1951, framed under Article 309 of the Constitution of India, and also by the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and also there are other rules dealing with the matters like appointment, confirmation, seniority, promotion, resignation, retirement, suspension etc. but, there are absolutely no rules either of a statutory or non -statutory character laying down the procedure for administrative authorities in the matter of transfers of Government servants and also there are no firm guide -lines or bye -laws laid down by the Government in this regard. The petitioner, therefore, prayed for issuance of a writ, order or direction directing the respondent -State of Rajasthan, to frame statutory rules under Article 309 of the Constitution of India for regulating transfer of State employees or to direct the Government to issue executive instructions/guidelines for laying down policy in the matter of transfer of State employees. Though, the petitioner has prayed for other reliefs in the writ petition, but we are of the opinion that the same cannot be allowed in the writ petition of the nature which has been filed by the Union. The learned Counsel for the petitioner also did not press the same.

(3.) THE petitioner has admitted in the writ petition and Shri Agrawal, learned Counsel for the petitioner, has candidly stated that transfer is not a condition of service, but an incident of service.