Court Emphasizes Administrative Feasibility and Service Requirements Over Absolute Right to Transfer for Spouses Serving at Same Station
The Rajasthan High Court, in a significant judgment dated October 9, 2026, has clarified the scope and limitations of the State Government's husband-wife posting policy for government employees. The bench, led by Justice Kuldeep Mathur, dismissed a batch of connected writ petitions filed by government employees seeking transfers to the stations where their spouses are posted. The court underscored that while the policy recognizes the desirability of posting spouses together, it does not confer an absolute or enforceable right to transfer on that basis alone.
The petitions were brought by employees like Sunil Kumar and others who sought directions to be posted at the same stations as their spouses, citing the State Government's policy directives aimed at facilitating such postings. The petitioners argued that separation posed practical hardships and that the policy instructions should guarantee their transfer requests.
Justice Mathur's judgment extensively analyzed the relevant circular dated May 18, 2020, issued by the Administrative Reforms Department, which prioritizes husband-wife cases during the allocation of first appointments, subject to vacant posts. However, the court held that this circular applies only at the stage of first appointment and does not create an automatic right for transfers during service.
The court relied heavily on precedents, including the Supreme Court's ruling in Bank of India v. Jagjit Singh Mehta (1992), which clarified that while the desirability of joint postings is recognized, the decision rests on administrative feasibility and cannot be claimed as a right by any spouse. Additionally, the recent Supreme Court decision in S.K. Nausad Rahaman v. Union of India (2022) was cited to emphasize that administrative policies must balance constitutional values such as family life under Article 21 of the Constitution with legitimate service requirements.
The judgment highlighted the need to consider multiple factors in transfer decisions, including vacancy availability, the nature and cadre of posts, staffing requirements, tenure, suitability of the employee, and the competing claims of other employees. It also stressed that policies must align with constitutional mandates on equality and reservation, without being applied mechanically or arbitrarily.
Importantly, the court reiterated that judicial intervention in transfer matters is limited to cases where decisions are arbitrary, mala fide, discriminatory, or legally unsustainable. Mere reliance on the husband-wife posting policy does not justify overriding administrative discretion.
While dismissing the petitions, the court granted the petitioners the liberty to submit fresh representations, which the respondents are directed to consider objectively and in accordance with law.
This judgment reaffirms the nuanced approach required in implementing family-friendly policies in government services, balancing individual hardships with administrative efficacy and fairness.
Bottom Line:
Posting of husband and wife in government service at same station is a desirable policy consideration, but it does not confer an absolute or enforceable right to seek transfer to a station of choice; such request must be considered subject to administrative feasibility, service requirements and applicable rules.
Statutory provision(s):
Constitution of India Article 21, Administrative Circular dated 18.05.2020, Service Rules governing postings and transfers
Sunil Kumar v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2999834
