Raj HC refuses to intervene in 48 principals' transfer orders
Jodhpur, Oct. 18 -- The Rajasthan high court on Friday refused to intervene in a petition filed by 48 school principals challenging their transfers, citing violations of the state's transfer policy.
The court said that it is up to the employer to decide when, where, and at what time a public servant can be transferred. Judicial review is only permissible if the transfer order is the result of mala fide intentions, violates statutory rules, or affects the employee's service conditions.
The petitioners, appearing before a single bench of justice Munnuri Laxman, argued that the principals' transfers violated the government's own policy, which discourages transferring employees within one or two years of retirement and gives special consideration to persons with disabilities, medal-winning athletes, spouses, widows, and those suffering from serious illnesses such as cancer or heart disease. They argued that the petitioners' transfers in the middle of the academic year were arbitrary and caused unnecessary hardship.
The bench said in its order: "This Court is not inclined to interfere in the orders of transfer. The liberty is to the petitioners who are claiming preferential rights either under the executive instructions/transfer policy or who are retiring within two years or persons suffering with disability to make representations. Such representations shall be filed only after joining in the transferred post. Any such representations, if filed, shall be considered within a month keeping in view the executive instructions/transfer policy vis-a-vis administrative needs."...
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