Rajasthan High Court - Jodhpur
Sarita vs The Registrar General, Rajasthan High ... on 11 March, 2022
Bench: Sandeep Mehta, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 786/2022
Sarita D/o Shri Jagdish Prasad W/o Gopal Krishna Sharma, Aged
About 24 Years, Ward No. 7, Mandir Wali Gali, Kharsandi,
Hanumangarh Presently Working As Clerk-Ii, At District And
Session Court, Jhalawar (Rajasthan).
----Petitioner
Versus
1. The Registrar General, Rajasthan High Court Jodhpur,
Jodhpur (Rajasthan).
2. The Judge, District And Sessions Court, Jhalawar,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. H.D. Charan
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MS. JUSTICE REKHA BORANA Order 11/03/2022 The present writ petition has been filed by the petitioner with a prayer for her transfer from Jhalawar Judgeship to Hanumangarh Judgeship.
The petitioner has averred that she was appointed vide order dated 18.05.2018 under the District and Sessions Judge, Jhalawar for a probation period of 2 years. She has stated that her husband is also a government employee and is posted as Village Development Officer (VDO/Gram Sewak) in Gram Panchayat Saharni, District Hanumangarh. Further, she has submitted that she being a female, moved an application on 19.10.2019 to the District and Sessions Judge, Jhalawar with a prayer for her transfer to Hanumangarh District as her native place is about 700 (Downloaded on 14/03/2022 at 08:42:34 PM) (2 of 2) [CW-786/2022] Kms. away from her present place of posting. As the application of the petitioner has not been considered, the present writ petition has been preferred.
The transfer policy for Intra-Judgeship and Inter-Judgeship transfer of the Staff-members of the Subordinate Courts have been framed by the Rajasthan High Court. Clause II(5)(ii) of the said policy reads as under:
"(ii) No application of Ministerial staff should be forwarded unless he/she has completed five years of service after appointment in that Judgeship and no application of Class-IV should be forwarded unless he/she has completed probation period after appointment in that Judgeship."
A perusal of the above clause makes it clear that even an application for transfer of a Ministerial staff cannot be forwarded unless he/she has completed his/her 5 years of service after appointment in that Judgeship. Therefore, no action on the application of the petitioner by the concerned District Judge is perfectly in terms of the transfer policy as framed by the High Court. Even otherwise no employee can claim transfer as a matter of right. Transfer is the discretion of the employer and in the present matter the said indulgence to the petitioner can even otherwise not be granted as the same is not provided in the policy governing the transfer of the Ministerial staff.
In view of the same the writ petition being devoid of merits is dismissed.
(REKHA BORANA),J (SANDEEP MEHTA),J
11-T.Singh, Abhishek/-
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