[2025:RJ-JP:6745] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2459/2025 Anurag Mishra S/o Bipin Kumar Mishra, Aged About 34 Years, R/o 13-C Block -B, Panchsheel Nagar, Ajmer(Raj.) Employee Id - Rjto2016536040316, Now Posted At Assistant Town Planner, Ajmer Development Authority Ajmer. ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Urban Development And Local Self Government, Govt. Of Rajasthan, Jaipur. 2. Deputy Secretary-III, Urban Development And Housing Department Govt. Of Rajasthan. 3. Commissioner And Secretary, Local Self Department, Govt. Of Rajasthan, Jaipur. 4. Secretary, Ajmer Development Authority, Ajmer. 5. Ankit Goyal, Assistant Town Planner(Newly Appointed) Now Posted At Ajmer Development Authority Ajmer. 6. Rubee Singh, Executive Member Of Bjp, Kisan Morcha, Rajasthan, Ajmer. ----Respondents For Petitioner(s) : Mr. Gordhan Singh Fauzdar For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Order 14/02/2025 1. The present petition is filed assailing the transfer order dated 15.01.2025 (Annexure-2). 2. Learned counsel for the petitioner has submitted that the impugned transfer order dated is arbitrary and suffers from malafide as the same is effectuated to the appoint the respondent No.5 in place of the petitioner. [2025:RJ-JP:6745] (2 of 3) [CW-2459/2025] 3. It is further submitted that the petitioners’ father has undergone medical treatment, therefore, petitioner has to look after his family. Further it is submitted that there are posts vacant at Ajmer, therefore, the petitioner can be adjusted thereat. 4. Lastly, reliance is placed upon the judgment passed by this Court in S.B. Civil Writ Petition No.1421/2025 titled as Dr. Riya Narvani Vs. State of Rajasthan, wherein, on akin factual matrix interim protection is granted to the petitioner therein. 5. Heard and considered. 6. Considering the facts and circumstances of the case, upon perusal of the records, this Court has made the following observations:- 6.1. That by way of group transfers i.e., Annexure-1 and 2, respective transfers were carried out in the respective departments on account of administrative exigencies. 6.2. That the judgment relied upon by the petitioner is based on distinct factual matrix as that in the instant matter. 6.3. That transfer is an incidence of employment/service, and administrative exigencies are to be analysed by the employer. 6.4. That in the judgment passed by Hon’ble Apex Court in Shilpi Bose (Mrs.) and Ors. vs. State of Bihar and Ors. reported in 1991 Supp. (2) SCC 659, it is held that Court can interfere in the transfer orders only in cases when transfer orders violates applicable statute or are passed on account of certain malice. 6.5. That the Court has analysed that there is neither violation of statue nor any malice in passing of the said transfer order and aspect of political influence is also considered by the last fact finding authority/Tribunal which is reproduced as under:- [2025:RJ-JP:6745] (3 of 3) [CW-2459/2025] “geus vihykFkhZ }kjk fn;s x;s rdksZa ij fopkj fd;kA vihykFkhZ dk LFkkukUrj.k jktuSfrd dkj.kksa ls fd;k x;k gS] ;g izdV ugha gksrk gSA pwafd vihykFkhZ dk LFkkukarj.k vkns’k iz’kklfud dkj.kksa ls tkjh fd;k x;k gS vkSj vihykFkhZ ds LFkku ij uo fu;qDr ifjoh{kk/khu dkfeZd dks yxk;s tkus ij vihykFkhZ dk LFkkukarj.k fd;k x;k gS vkSj bl izdkj bl vk/kkj ij vihykFkhZ dk LFkkukarj.k gksuk xyr ugha ekuk tk ldrkA ;g fu;ksDrk dk vf/kdkj gS fd fdl dkfeZd dh lsok;sa dgka ij yh tkuh gSA vf/kdj.k }kjk ,sls ekeys esa gLr{ksi fd;k tkuk mfpr izrhr ugha gksrk gSA mijksDr rdksZa ds vk/kkj ij vihykFkhZ dh vihy esa dksbZ cy izdV ugha gksrk gSA vr% vihy [kkfjst Qjek;s tkus ;ksX; gSA” 7. This Court for the aforementioned reasons is not inclined to interfere in the instant matter. 8. Accordingly, the present petition is dismissed. Pending applications, if any, stand disposed of. (SAMEER JAIN),J JKP/423