Rajasthan High Court Halts Transfer of Employee on Compassionate Grounds
Court Upholds Employee's Plea to Remain in Current Posting Due to Child's Academic Needs
In a significant ruling, the Rajasthan High Court has intervened to allow a government employee, Pushkar Naraian Sharma, to remain at his current posting in Jaipur until March 2026, citing compassionate grounds related to his child's education. The decision was handed down by the Jaipur Bench, comprising Justices Sanjeev Prakash Sharma and Sanjeet Purohit, after the petitioner challenged an order from the Central Administrative Tribunal.
Pushkar Naraian Sharma, represented by Advocate Shobhit Vyas, had sought to extend his tenure at the Rajasthan Circle, arguing that his daughter, who is preparing for her Class XII Board Examinations, would face significant disruptions if transferred to Karnataka. The petitioner pointed to Clause 6.6 of the transfer policy dated 07.05.2008, which allows for retention of an employee at their current posting until the end of the academic year for children in critical classes like X or XII.
The High Court's judgment underscored the importance of considering the mental health and educational needs of employees' families, urging authorities to adopt a compassionate approach. Justice Sharma highlighted the welfare responsibilities of the state under Article 21 of the Constitution, emphasizing that both the mental health of employees and their families are integral to the right to life and liberty.
The court criticized the Central Administrative Tribunal for overlooking these considerations, noting that the petitioner had been stationed in Jaipur for 23 years. The bench firmly rejected the argument from respondent advocates Khem Chand Sharma, Neeraj Batra, and Ravindra Pal Singh, who contended that granting the petitioner's request could set a precedent impacting similar cases.
In setting aside the Tribunal's order dated 08.08.2025, the court directed the government to allow Sharma to continue his duties in Jaipur until his daughter's examinations conclude in March 2026. Additionally, a relieving order issued during the petition's pendency was quashed, further reinforcing the court's stance on compassionate grounds.
This ruling serves as a reminder to government authorities to balance administrative efficiency with the welfare of their employees, particularly in scenarios impacting children's education.
Bottom Line:
Transfer policy and compassionate approach - Authorities must consider the academic needs of children of employees while making transfer decisions, particularly when children are studying in critical classes like X or XII.
*Statutory provision(s): Article 21 of the Constitution of India, Transfer policy dated 07.05.2008, Clause 6.6
