unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. Similarly, the Hon’ble Apex Court in S.K. Nausad Rahaman vs. Union of India and Ors . reported in (2022) 12 SCC 1 , held that it is the exigencies of service and administration which shall have the paramount say in ‘when’ and ‘where’ an employee shall be posted. Resultantly, an employee’s posting at a place of their liking, especially when employed on a transferable job, invariably does not constitute their fundamental right which ought to be protected by the Courts. 29.5 Therefore, this Court after considering the fact that the scope of Court’s interference in transfer orders is miniscule when passed on account of administrative exigencies and in public interest; that the subject transfer order was passed on account of the administrative exigencies noted to have arisen in September 2021; that since the passing of the said transfer order, the transferred employees (respondents herein) have reaped the benefits of the interim order dated 30.09.2021 for an approximate period of 3 years; that since September 2021 much water has flown under the bridge and the administrative exigencies which arose then, cannot necessarily and/or determinatively be held to subsist as on date, deems it appropriate to quash and set aside the transfer order dated 20.09.2021 with a caveat that going further, the petitioner-JVVNL shall be at liberty to pass further transfer orders qua the respondents, after duly taking note of the administrative exigencies if any, within a period of a fortnight. 29.6 No prejudice shall be caused to the petitionerJVVNL/employer by any observations made by this Court or the learned Tribunal, during the subsistence of the proceedings.
