Mahaveer Budania and Others vs The Rajasthan State Co-op. Spinning and Ginning Mills Fed. Ltd. and Others

Govind Mathur, J.—To challenge the order dated 04.2.2011 passed by the Chairman cum Managing Director, Rajasthan State Co-operative Spinning & Ginning Mills Federation Ltd. this petition for writ is preferred.

The factual matrix necessary to be noticed is that the Petitioners were transferred under an order dated 20.10.09 from Hanumangarh to Gangapur District Bhilwara. By way of filing a petition for writ, validity of the order aforesaid was challenged but the petition for writ aforesaid came to be disposed of on 07.1.2011 with observation that the order of transfer does not suffer from any illegality. However, looking to the fact that transfer was made at a distant place, an opportunity was granted to the Petitioners to represent their grievances before the employer. Accordingly, the Petitioners submitted representations to the Respondents and those came to be disposed of on 04.2.2011, with assertion that the transfer is necessary eventuality of service and Petitioners were transferred in natural course.

While assailing the orders rejecting the representation, it is urged that the employer has not considered all the contentions raised in the representation. It is also urged that order of transfer is without jurisdiction.

Heard.

So far as the arguments relating to competence of the Respondents for issuing the order of transfer is concerned, that cannot be examined in this petition for writ as that has already been adjudicated in the earlier petition for writ (SBCWP No. 10190/09) preferred by the Petitioners. So far as the other issues are concerned, suffice it to mention that Respondents have adequately considered the representation and rightly observed that the transfer is a necessary eventuality of service, and there was no malice in transferring the Petitioners. It is well settled that an order of transfer can be interfered by a Judicial forum, only if, that is in violation of statute or is an out come of malafides or is shockingly arbitrary. No such eventuality exists in the present case. Petition for writ, thus, is having no merit. Dismissed accordingly.