Research › Search › Judgment

Rajasthan High Court · body

2025 DIGILAW 639 (RAJ)

Bhagwat Giri Goswami v. State of Rajasthan

2025-03-06

ARUN MONGA

body2025
ORDER : ARUN MONGA, J. 1. The petitioner before this Court is assailing an order dated 04.11.2022 (Annex.-5), vide which he was transferred from Rajsamand to Barmer. 2. During the pendency of writ proceedings, a co-ordinate bench of this Court, then seized of the matter, passed an interim order dated 12.01.2023 staying the implementation of the transfer order qua the petitioner. Same being apposite is reproduced hereinbelow:- “ It is submitted by learned counsel for the petitioner that by order dated 04.11.2022 (Annex.5), the petitioner has been transferred vice respondent No.4. Submissions have been made that the respondent No.4 is Medical Officer, whereas, petitioner is Senior Medical Officer – II and, therefore, the petitioner could not have been transferred on the post of Medical Officer. Submissions have also been made that Hospital, where the petitioner has been transferred, there is n post of SMO-II. Matter requires consideration. Issue notice. Issue notice of stay application also. Mr. Mehardeen Mehar, learned counsel is directed to accept notice on behalf of respondent Nos.1 to 3, therefore, issue notice to respondent No.4 only. A copy of the writ petition be served on Mr. Mehardeen Mehar, who may complete his instructions in the matter/file reply. In the meanwhile and until further orders, effect and operation of the order dated 04.11.2022 (Annex.5) qua the petitioner shall remain stayed. The respondents would be free to seek vacation of the interim order after filing of the reply. Office is directed to reflect the name of Mr. Mehardeen Mehar as counsel appearing for the respondents in the cause list. List alongwith S.B. Civil Writ Petition No.13026/2022.” 3. Aforesaid stay order continues to subsist in favour of the petitioner till date. 4. Transfers are a standard and integral aspect of government employment conditions. Employees do not possess an inherent right to demand continuation of their service at a specific location. 5. This Court ordinarily refrains from intervening in transfer matters, acknowledging administrative needs for employees to fulfill their duties at assigned locations. 6. In the instant case, given the duration of the interim protection granted by this Court, its utility appears to have waned over time. 7. Be that as it may, the interim order is made absolute, but with liberty to the respondents to pass fresh orders in future, if necessary due to administrative exigency. 8. 6. In the instant case, given the duration of the interim protection granted by this Court, its utility appears to have waned over time. 7. Be that as it may, the interim order is made absolute, but with liberty to the respondents to pass fresh orders in future, if necessary due to administrative exigency. 8. In the parting, it is made clear that granting liberty to pass fresh orders is not to be construed as a direction of this Court to necessarily pass fresh orders in case there is no such requirement otherwise. 9. Disposed of as above. 10. Pending application(s), if any, also stands disposed of.