Avoid transfers in the last year of service: Rajasthan HC

The Rajasthan High Court passed a ruling saying that an employee should not be transferred ordinarily in the last year of the employee’s service. This implies that when state government employees are serving the last years of their service, they shouldn’t be moved places or transferred unless it’s very necessary.

The court was hearing a challenge to an order passed by the Rajasthan Civil Services Appellate Tribunal.

The whole story had started when Anil Kumar Jain, a regional transport officer (RTO) was transferred from Alwar to Jaipur. He filed a case against this transfer in Rajasthan Civil Services Appellate Tribunal, Jaipur as his retirement was due in another six months, and he would face immense difficulty in relocating at this stage of his career.

To present a strong case, Jain cited Rule 80 of the Rajasthan Civil Services (Pension) Rules 1996. This rule provides the initiation process of preparing pension papers for employees who are supposed to retire within two years. The rule aimed at providing ease to the employee so that he/she can avail the retirement benefits in a timely manner.

With this the ruling of high court’s case in Manjula Patak vs State of Rajasthan holding that an employee, who is to retire within one year should not be ordinarily transferred was also referred.

Taking all this in consideration, the tribunal quashed Jain’s transfer orders and reinstated him on his position in Alwar. The court noted that Jain was being transferred abruptly close to his six months of retirement and injustice was done to him.

This decision by the tribunal was again challenged by Rani Jain in the high court who already took her position at the Alwar office. But the court cited the ruling of the tribunal and dismissed the case.