Rajasthan HC asks RSRTC To Reconsider Transfer Of Low-Paid Employee On Sympathetic Grounds

The Rajasthan High Court intervened in the transfer of a low-paid Rajasthan State Road Transport Corporation (RSRTC) employee, mandating a sympathetic review of a posting order that relocated a conductor 650 kilometers away following his reinstatement.

Justice Kuldeep Mathur heard the writ petition filed under Constitution of India, challenging the transfer of a conductor from Hanumangarh Depot to Kota Depot. The petitioner contended that the transfer, following the revocation of his suspension, was arbitrary and would cause severe family and financial distress.

Key Takeaways

Sympathetic Consideration for Low-Paid Staff

Courts may direct authorities to reconsider transfer orders of low-paid employees if such orders impose extreme financial or personal hardship.

Policy vs. Individual Hardship

While administrative guidelines are binding, they must be applied with a degree of flexibility when they result in disproportionate suffering for subordinate employees.

Judicial Deferral to Administrative Representation

Rather than quashing administrative orders immediately, the Court preferred directing the executive to decide on a formal representation within a fixed timeline.

Court Observations on Transfer Hardship

The Rajasthan High Court noted that the petitioner, a conductor, was being shifted approximately 650 kilometers from his previous place of posting. The bench acknowledged that such a significant distance could entail severe consequences for a low-income worker. The Bench observed that "The impugned transfer/posting order is likely to cause inconvenience to the petitioner and his family and entail additional financial implications, particularly having regard to the fact that the petitioner is holding the post of Conductor in the respondent-Department."

The Rajasthan High Court has following directions: "8. In view of the aforesaid circumstances, this Court deems it just and proper to dispose of the present writ petition with a direction to the petitioner to file a representation before the Executive Director (Traffic), RSRTC (HQ), Jaipur–respondent No.2, within a period of seven days from today, ventilating his grievances against the impugned transfer/posting order dated 03.08.2026. 9. Upon receipt of the representation, if any, filed by the petitioner, the Executive Director (Traffic), RSRTC (HQ), Jaipur–respondent No.2, is directed to consider and decide the same sympathetically, keeping in view the fact that the petitioner is a low-paid employee of the respondent-Department and may face financial hardship on account of the aforesaid transfer/posting order. The representation of the petitioner shall be considered and decided strictly in accordance with law within a period of three weeks from the date of its receipt."

Ratio

Administrative authorities are duty-bound to consider representations against transfer orders sympathetically when such orders involve low-paid employees who may suffer disproportionate financial and mental hardship due to long-distance reallocations, even if such transfers are made in accordance with general departmental guidelines.

Background

The petitioner, Siva Singh, was serving as a conductor at the Hanumangarh Depot when he was placed under suspension on June 25, 2026. On August 3, 2026, the Executive Director (Traffic) of the RSRTC revoked the suspension but ordered his reinstatement at the Kota Depot, which is 650 kilometers away from Hanumangarh.

The respondents argued that the transfer was in strict compliance with the RSRTC guidelines dated February 4, 2026. These guidelines stipulate that upon the revocation of a suspension during a pending departmental inquiry, an employee cannot be posted in the same depot, unit, or home district for at least five years.

While acknowledging the existence of the policy, the Rajasthan High Court disposed of the writ petition by granting the petitioner liberty to file a representation. The Bench emphasized that the RSRTC must take a "sympathetic" view given the petitioner's status as a low-paid employee and the potential financial strain of the transfer.

Case Details:
Case No.: S.B. Civil Writ Petition No. 22845/2026
Neutral Citation: 2026:RJ-JD:50894
Case Title: Siva Singh v. Rajasthan State Road Transport Corporation & Ors.
Appearances:
For the Petitioner(s): Mr. Shardul Singh Bishnoi, Advocate
For the Respondent(s): Mr. Shanker Singh, Advocate

Source: 2026 CaseBase(RAJ) 26031