Division Bench holds that Rajasthan Service Rules, 1951 do not prohibit transfer of probationary employees; transfer order must be executed without arbitrary conditions.
In a significant judgment delivered on October 1, 2026, the Division Bench of the Rajasthan High Court, comprising Justices Vinit Kumar Mathur and Chandra Shekhar Sharma, clarified the legal position regarding the transfer of probationary government employees under the Rajasthan Service Rules, 1951. The court ruled that a probationer can be transferred from one place to another during the probation period and that any condition in a transfer order preventing relieving on the ground of probation is arbitrary and unreasonable.
The case arose when Govind, appointed as a Junior Assistant on probation at the office of the District Collector, Balotra, was transferred to the office of the Sub-divisional Officer, Shergarh, district Jodhpur, by an order dated July 10, 2026. However, the respondents declined to relieve him citing Note No.3 in the transfer order, which stated that employees under suspension or on probation shall not be relieved to join the new posting. Aggrieved by this, Govind filed a writ petition which was dismissed by a Single Judge of the High Court.
On appeal, the Division Bench examined the legality of the condition imposed in the transfer order. The court observed that the Rajasthan Service Rules, 1951, do not contain any provision prohibiting the transfer of employees during the probation period. The imposition of a condition preventing the relieving of a probationer was found to be "arbitrary and unreasonable" and "de hors the law." The court relied on its earlier decision in Monika v. State of Rajasthan (2024), where it was held that probationers can be transferred during probation.
The court held that since there is no statutory prohibition, the authorities cannot refuse to relieve a probationer solely on the basis of a note in the transfer order. Consequently, the Division Bench set aside the order of the Single Judge and directed the respondents to implement the transfer order dated July 10, 2026, immediately relieving the appellant from Balotra to Shergarh.
This judgment underscores the principle that administrative authorities must act within the framework of statutory rules and cannot impose conditions inconsistent with the law. It also provides clarity on service jurisprudence concerning probationers and transfer policies under the Rajasthan Service Rules.
Bottom Line:
Service Law - Transfer of probationer - In absence of any prohibition in Rajasthan Service Rules, 1951, a probationer can be transferred from one place to another and cannot be denied relieving merely on basis of a note in transfer order - Such condition is arbitrary and unreasonable.
Statutory provision(s):
Rajasthan Service Rules, 1951
Govind v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2994145
