Rajasthan High Court Upholds Tribal Employees' Right to Transfer to TSP Areas

Court Directs State to Consider Transfer Requests of TSP-Category Employees as Per Recruitment Promises

In a significant judgment, the Rajasthan High Court has directed the State Government to consider the transfer requests of employees recruited under the Tribal Sub-Plan (TSP) category to the TSP areas as originally promised in their recruitment advertisement. The decision, delivered by Justice Farjand Ali, pertains to a writ petition filed by Nakul Patidar and others, challenging the State's inaction in transferring them to TSP regions despite being permanent residents and originally recruited for these areas.

The petitioners, who applied under the TSP category in a 2013 recruitment drive for the Constable Mineral Protection Force, were appointed in non-TSP areas. Despite the issuance of circulars in 2014 and 2018, which allowed for the option of posting in TSP regions, their applications for transfer went unaddressed, prompting them to seek judicial intervention.

The Court observed that the recruitment advertisement had created a legitimate expectation that the petitioners would serve in tribal or mineral-rich regions. The denial of their transfer was deemed arbitrary and violative of Article 14 of the Constitution, which ensures equality before the law. Justice Ali noted that the State cannot deviate from recruitment promises without rational justification and emphasized the principles of natural justice in administrative decisions.

Consequently, the High Court directed the State to consider transferring the petitioners to the Maharana Pratap Battalion in Pratapgarh or any other suitable TSP area, ensuring adherence to administrative requirements and maintaining fairness in the transfer process.

The decision highlights the importance of adhering to recruitment promises and provides relief to the petitioners, ensuring that their employment aligns with the expectations set at the time of their recruitment.

Bottom Line:

Transfer Policy - Legitimate expectation arising from recruitment advertisement - State's obligation to consider transfer requests of employees from TSP areas to TSP regions in accordance with circulars and guidelines.

Statutory provision(s): Article 226 of the Constitution of India, Article 14 of the Constitution of India

Nakul Patidar v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2813431