Shardhima Sen vs State Of Rajasthan And Others

Dinesh Mehta, J

By way of the present petition, the petitioner has challenged the order dated 22.02.2024, whereby she has been transferred from U/T SE (M&P), AVVNL, Udaipur to APO O/o PO (O&M), AVVNL, Udaipur.

Learned counsel for the petitioner argued that the order impugned is without application of mind, inasmuch as, two days prior to the passing of impugned order, by order dated 20.02.2024 the petitioner was transferred from SE (O&M), AVVNL, Salumber to SE (M&P), AVVNL, Udaipur in furtherance whereof, she was relieved and has joined at SE (M&P), AVVNL, Udaipur, yet again the respondents have transferred him.

In support of his contention, learned counsel relied upon the order dated 27.02.2024 passed by a co-ordinate Bench of this Court in the case of Shivdan Singh Ranawat vs. AVVNL & Anr (S.B. Civil Writ Petition No. 2966/2024).

Having heard learned counsel for the petitioner and on perusal of the record, this Court is not inclined to interfere, as the petitioner has been transferred within the district – Udaipur itself.

A perusal of the order dated 22.02.2024 reveals that the petitioner has been shown to be under transfer. Simply because the petitioner has joined on 23.02.2024, it cannot be said that the order dated 22.02.2024 is illegal and contrary to facts, particuarly when the petitioner was relieved on 22.02.2024 itself.

That apart, the petitioner has been shifted from U/T SE (M&P), AVVNL, Udaipur to APO O/o PO (O&M), AVVNL, Udaipur, in administrative exigency.

The transfer is an incident of service and Court’s interference is permissible only in exceptional cases.

So far as the interim order that has been relied upon by the learned counsel for the petitioner is concerned, in that case the said petitioner was transferred from Nathdwara to Nagaur, whereas, in the present case, the petitioner has been transferred within the same district (Udaipur) may be in the same office itself.

This Court is not inclined to invoke its discretionary jurisdiction, as no serious prejudice has been caused to the petitioner, who has been transferred in Udaipur itself.

The present petition is dismissed. Stay application also stands dismissed, accordingly.