This court dismissed a writ petition challenging a tribunal order that set aside a government transfer due to violation of a ban on transfers. The court held the petitioner was required to post in a clear vacancy as per rules.
The writ petition is dismissed with no order as to costs and pending miscellaneous petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.15526 OF 2014
ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)
This writ petition is filed challenging the order, dated 28.4.2014, in O.A.No.225 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”).
2. Respondent No.1 herein/applicant filed the aforementioned Original Application before the Tribunal to declare the action of respondent No.2 herein/respondent No.1 in transferring him from R & B Sub Division, Madhira, Khammam District to NH Division, Eturunagaram, Warangal District, which is 260 kms. away, as Personal Assistant to Executive Engineer vide G.O.Rt.No.31, Transport, Roads & Buildings (Ser.II) Department, dated 9.1.2014, as illegal and arbitrary and against the Government Orders issued from time to time and consequently, to set aside G.O.Rt.No.31, dated 9.1.2014, and direct the official respondents herein to allow him to continue in the present place i.e., R & B Sub Division, Madhira, Khammam District till the end of academic year or the date of ensuing counseling for transfers.
3. The Tribunal, upon considering the material on record, allowed the Original Application on the ground that the transfer order was passed contrary to G.O.Ms.No.119 Finance (DCM-III) Department, dated 17.5.2013. Challenging the same, the present writ petition is filed by the petitioner/respondent No.3.
4. Learned counsel appearing for the petitioner/respondent No.3 contended that as per G.O.Ms.No.119, dated 17.5.2013, the competent
authority, after obtaining concurrence from the Finance Department, issued G.O.Rt.No.31, dated 9.1.2014, and therefore, that order does not suffer from any infirmities and hence, he prays to set aside the impugned order.
5. On the other hand, learned counsel appearing for respondent No.1/applicant contended that the transfer order was passed contrary to Guideline (i) of G.O.Ms.No.119, dated 17.5.2013, and precisely for that reason, the Tribunal rightly set aside the transfer order by issuing G.O.Rt.No.31, dated 9.1.2014, and hence, he prays to sustain the impugned order.
6. Transfer in relation to service reduced to simple terms means a change of place of employment within the organization. It is an incident of public service. At the same time, the employer cannot transfer an employee at his whims and fancies. Unless the transfer is vitiated by vices of mala fides or contrary to the Rules, or the person, who issued the transfer order, lacks jurisdiction, ordinarily, this Court would not interfere with the transfer. Admittedly, there are no rules for affecting the transfers. So, in the absence of rules, the Government order with regard to transfers can be looked into.
7. Relevant portion of G.O.Ms.No.119, dated 17.5.2013, issued by the Government of Andhra Pradesh reads as under:
“Government after careful consideration hereby order a ban on all transfers w.e.f.16.05.2013 except in respect of the following cases:
i) Posting orders to the employees on account of promotion shall be issued to the clear existing vacancies without shifting any other employees. ii) ………… iii) ………..”
Petitioner/respondent No.3 was given promotion and by following G.O.Ms.No.119, he ought to have been posted in a clear existing
vacancy. Instead, the order impugned in the Tribunal shows that he was posted in the place of respondent No.1/applicant and the applicant was transferred to Eturunagaram. Therefore, the Tribunal rightly passed the impugned order and the same needs no interference by this Court and hence, the Writ Petition is liable to be dismissed.
8. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
______________________ JUSTICE K.C.BHANU
JUSTICE ANIS Date: 06.6.2014 AMD
THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No. 15526 OF 2014
DATE: 06.6.2014
AMD
1 issue framed by the court
Whether the high court should interfere with a transfer order that contravenes a government order banning transfers.
Petitioner/Respondent No. 3
Respondent No. 1/Applicant
K C Bhanu
Anis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
