'Girls' Education Being Ignored Despite 'Beti Padhao' Campaign': Rajasthan High Court Halts Employee's Transfer Citing Daughter's Board Exam

The Rajasthan High Court set aside Central Administrative Tribunal's order (CAT) that rejected a man's plea to postpone transfer to Karnataka till March 2026, considering his daughter's Class 12th Board Examination allowing him to continue at his current place of posting till his daughter's examinations were over.The division bench of Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit stated that while the State and Central Government were promoting the campaign of “Beti Bachao aur Beti Padhao”, their authorities were completely immune to the requirements of girls. "We find that the petitioner before us is seeking retention for providing academic atmosphere to his daughter who is studying and appearing in examination for Class-XII. While the State Government and the Central Government are promoting the campaign of 'Beti Bachao aur Beti Padhao' on one side, their authorities are completely immune to the requirements of such girls. A compassionate approach is required to be adopted by officers who helm the health of the parents. If employees are asked to perform in such an atmosphere where they are forced to work at different place, it causes disturbance to their family and their performance would not be up to the mark. At the same time, the children who are appearing in the Board Examination may also be affected. The State, while acting as a welfare State, also has to take care of the mental health of its employees as well as their families as it is a part of right to life and liberty under Article 21 of Constitution of India"It was submitted on behalf of the State that there were several such applications with the department, and acceptance of the petitioner's request would have catastrophic effect on the other cases of similar nature. And since the petitioner had worked for 23 years in the Rajasthan Circle, respondents had the right to transfer him. While rejecting this argument, the Court held that if employees were asked to perform in an atmosphere where they were forced to be, it would lead to disturbance in their family, in turn affect their performance. At the same time, the children appearing in the Board Examination might also be affected. “If an employee of the level of Sub-Divisional Engineer or of lower ranks is transferred from one State to another, admittedly, it would affect his entire family….,” it said.The high court thus set aside the CAT order and directed the respondents to allow the petitioner to continue his services in the present place of posting in Rajasthan Circle at Jaipur till March, 2026, whereafter the respondents would be free to relieve him to join at his transferred place of posting.The plea was allowed.Title: Pushkar Naraian Sharma v Union of India & Ors. Citation: 2025 LiveLaw (Raj) 317Click Here To Read/Download Order

'Girls' Education Being Ignored Despite 'Beti Padhao' Campaign': Rajasthan High Court Halts Employee's Transfer Citing Daughter's Board Exam

Nupur Agrawal

Tags