Probationer Can Be Transferred: Rajasthan High Court Quashes Condition Denying Relieving On Transfer

The Rajasthan High Court has affirmed that unless there is a prohibition in any statute for not transferring an employee from one place to another during his/her probation period, authorities could not put such a condition in the relevant transfer order, that being de hors the law.

The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma further observed that in the Rajasthan Service Rules, 1951 (“Rules”), there was no such prohibition that if a person was discharging his/her duties as a probationer trainee, he/she shall not be transferred.

For context, the petitioner was working as a Junior Assistant in the office of District Collector, Baltora, on probation for a year of 2 years. Eventually, he was transferred to the office of Sub-divisional officer, Shergarh. However, in the notes of his transfer order, it was mentioned that an employee who was in his probation period, shall not be relieved for joining on the transferred place of posting,

Based on this mention, the respondent authorities did not relieve the petitioner to join at his transferred place of posting. Aggrieved by this, the petitioner preferred a writ petition which was dismissed by the single judge. Against this order, the present appeal was filed.

It was argued by the petitioner that relevant note in the transfer order was arbitrary and unreasonable since there was no such prohibition in the Rules. Further, reference was made to the division bench case of Monika v State of Rajasthan in which it was held that there was no prohibition to not transfer a probationer from one place to another during the probation period.

After hearing the contentions, the Court agreed with the submissions made by the petitioner and observed,

“…settled position of law that unless there is a prohibition in any statute for not transferring the employee from one place to another in probation period, the respondent authorities cannot put a condition de hors the law and since in the Rajasthan Service Rules, 1951, there is no such condition, which prohibits a probationer's transfer from one place to another, therefore, inserting a condition in the transfer order that if a person is on probation, he shall not be relieved for joining the transferred place of posting, is on the face of it, arbitrary and unreasonable.”

Accordingly, it was held that the single bench had committed an error, and the appeal was allowed. The respondent authorities were directed to execute the transfer order.