Ravindra vs State Of Rajasthan And Ors

By way of the present writ petition the petitioner has challenged the order dated 26.08.2019, whereby his transfer from Bilara to Nagaur has been cancelled.

Briefly stated, the facts appertain are that the petitioner was appointed as 'Safai Karmchari' in a draw of lots with the Municipal Board, Bilara.

The petitioner was thereafter transferred, vide order of the Director, Local Bodies from Bilara to Municipal Council, Nagaur vide order dated 22.02.2019, however, with a stipulation that in case a candidate's name finds mention in lottery of 2018, his transfer shall not be given effect to.

In view of such stipulation, the petitioner's transfer was not carried out and he was not relieved.

Subsequent thereto by way of the impugned order dated 26.08.2019, the respondents have cancelled the earlier order dated 22.02.2019, whereby he was transferred from Bilara to Nagaur.

Learned counsel for petitioner challenging the order aforesaid contended that the respondents have earlier passed an order dated 22.02.2019 transferring the petitioner from Bilara to Nagaur, and without any valid reason have revoked such order. It was also contended that the order dated 26.08.2019 deserves to be quashed, as it did not contain any reason and the same has been passed without providing opportunity of hearing to the petitioner.

Having heard learned counsel for the petitioner, this Court is of the view that the petitioner's challenge to order dated 26.08.2019 is misconceived and not justiciable. The petitioner cannot claim, as a matter of right, that he should be transferred, particularly when he is an employee of Municipal Board, Bilara.

Transfer of a 'Safai Karmchari' from one Municipal Board to another is governed by Rule 17 of the Rajasthan Municipalities (Safai Employees Services) Rules, 2012 and accordingly it is the Director, Local Bodies, who can transfer 'Safai Karmchari' from one Municipality to another. In the present case, since the Director, Local Bodies in his wisdom has revoked the transfer order, this Court cannot compel him to transfer the petitioner to Nagaur, which will be an obvious outcome, in case instant writ petition is allowed.

There is no substance in the petition, hence it is dismissed in limine.

The stay application is also dismissed.