P.C.JAIN, J. - (1.) IN this writ petition, the grievance of the petitioner is about transfer of Government servants, particularly Class III and IV, which are being effected indiscriminately unjustly and frequently without any definite policy or guide -lines, which has resulted in demoralising the employees and harassment to them.
(2.) THE petitioner is a Union registered under the Indian Trade Unions Act, 1926. It is a trade union of all the diploma -holder -Engineers belonging to the PWD, PHED and Irrigation Department. The Union has filed this writ petition on behalf of its members and other State employees in public interest. The contention of the petitioner Union in this writ petition is that though the service conditions of the members of the petitioner Union are governed by the Rajasthan Service Rules, 1951, framed under Article 309 of the Constitution of India, and also by the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and also there are other rules dealing with the matters like appointment, confirmation, seniority, promotion, resignation, retirement, suspension etc. but, there are absolutely no rules either of a statutory or non -statutory character laying down the procedure for administrative authorities in the matter of transfers of Government servants and also there are no firm guide -lines or bye -laws laid down by the Government in this regard. The petitioner, therefore, prayed for issuance of a writ, order or direction directing the respondent -State of Rajasthan, to frame statutory rules under Article 309 of the Constitution of India for regulating transfer of State employees or to direct the Government to issue executive instructions/guidelines for laying down policy in the matter of transfer of State employees. Though, the petitioner has prayed for other reliefs in the writ petition, but we are of the opinion that the same cannot be allowed in the writ petition of the nature which has been filed by the Union. The learned Counsel for the petitioner also did not press the same. The grievance of the petitioner is that transfer orders are passed by the authorities concerned in discriminately and frequently. The petitioner has enumerated a number of circumstances wherein the power of transfer was exercised by the authorities arbitrarily, mala fide and also for accommodating some employees on political pressure either on the desire of the MLA or the Minister. The petitioner has also given instances where transfer orders were passed violating the order banning such transfers by ante -dating the order or violating such order. The petitioner has also pointed out that there are certain guide -lines issued by the Government for regulating, the transfers, but these guide lines are not strictly and firmly followed, and. no action is ever taken against the officer who has violated the guide -lines. In the circumstances, there is heavy discontentment amongst the State employees regarding indiscriminate, mala fide and frequent transfers. The petitioner has gone to the extent of stating that the discontentmention amongst the State employees has to a large extent demoralised the State administrative set -up and has thereby resulted in grave insufficiency and corruption in the governance of the State. Frequent transfer orders have also resulted into heavy burden on public exchequer also. To illustrate the same, the petitioner has pointed out that 374 persons were transferred within a period of 10' months vide Annx. 7 to 18; 302 persons were transferred within a period of two months vide Annxs. 7 to 16; 246 persons were transferred within a period of 15 days vide Annx. 8 to 16 and 127 persons were transferred in one single day on 3lst July, 1986 and so on. 246 persons were transferred in July, 1986. only to circumvent the ban imposed on transfer with effect from 1st August,, 31986 and, these transfers were in no way for any exigency of service or for administrative reasons. The petitioner has further said that one Mohan Lal Bansal was transferred twice in one day vide Annx 11. Shri Kishan Lal was transferred six times within a period of 8 months Shri Virendra Kumar, Junior Engineer was transferred four times within a period of 1/2 month. One. Om Prakash Sharma, Executive Engineer was transferred to Irrigation Circle, Udaipur, but he was shown to have been transferred to Irrigation Circle, Udaipur Kherwara Section to Irrigation Division. Somkagdar . Thus, one -person was posted at two places by one order. The petitioner has given more -instances, but it is not necessary to quote the same in this judgment. By, quoting these instances, the petitioner has contended that such transfer orders are wholly mala fide, capricious and arbitrary and in gross -violation of the ban orders imposed by the Government and the other guide -lines provided for effecting transfers.
(3.) THE petitioner has admitted in the writ petition and Shri Agrawal, learned Counsel for the petitioner, has candidly stated that transfer is not a condition of service, but an incident of service.;