Jaipur: A single judge bench of Rajasthan High Court Monday ordered the state govt to constitute a state-level transfer policy committee to formulate a comprehensive and uniform transfer policy for the state. The court has also ordered the constitution of Departmental Transfer Grievance Committees within seven working days. At the same time, the court has kept the transfer orders of petitioners in the present batch in abeyance for up to 30 days, providing protection until their representations are decided.Justice Sameer Jain issued directions while deciding a batch of petitions challenging transfer orders of govt employees including teachers, engineers and others.Under the judgement, the highest authorities of departments concerned, boards, nigams, discoms, financial institutions, non-govt educational institutions and other establishments have been directed to constitute departmental transfer grievance committees within seven working days. “Wherever permissible under the applicable legal framework, the committees should comprise sufficiently senior and independent officers to ensure that employees’ representations are not disposed of mechanically,” the court said.The court has also proposed formation of a state level transfer policy committee comprising former Rajasthan High Court judge Justice Alok Sharma, the Advocate General for Rajasthan and chief secretary. The committee has been tasked with formulating a comprehensive transfer policy and placing it before the competent govt within two months of the judgement.The policy will consider minimum and maximum tenure at a station, premature transfers, administrative transfers, counselling and preference mechanisms, spouse-related considerations, medical and disability circumstances, employees nearing superannuation, postings in difficult and remote areas, previous tenure and rotation principles, transparency and the competent authority for transfers.For petitioners before the court, the impugned transfer orders have been kept in abeyance until their representations are decided or for 30 days from Aug 17, whichever is earlier. “If a petitioner submits a representation within the stipulated period, the protection will continue until the competent authority considers and decides it in accordance with the court’s directions,” the order stated.HC has also issued specific directions to make the Rajasthan Civil Services Appellate Tribunal (RCSAT) an effective statutory forum for employees aggrieved by service-related orders. Justice Sameer Jain directed the state govt, to take immediate steps for appointment or nomination of a retired HC judge as the supervisory head, chairman or supervisory authority of the RCSAT.
