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B. PRAKASH RAO, RAMESH RANGANATHAN
Gurukula Vidyalayala Telangana Udyogula Sangam rep. by its President, Ranga Reddy Dist. – Appellant
Versus
A. P. Residential Educational Institutions Society rep. by its Secretary, Hyderabad – Respondent
(Per Ramesh Ranganathan, J.)
Transfer of an employee, appointed to a particular cadre of transferable posts, is an incident of service and is made in administrative exigencies. No government servant or an employee of a public undertaking has a legal right for being posted at any particular place. Transfer, from one place to the other, is generally a condition of service and the employee has no choice in the matter. Transfer is necessary in public interest and efficiency in public administration. It is, normally, not to be interfered with by Courts/Tribunals except in rare cases where it has been made in a vindictive manner. Whenever a public servant is transferred he must comply with the order but if there be any genuine difficulty in proceeding on transfer it is open to him to make a representation to the competent authority for stay, modification or cancellation of the transfer order. If the order of transfer is not stayed, modified or cancelled, the concerned employee must carry out the order of transfer. In the absence of any stay of the transfer order, the employee has no justification to avoid or evade the transfer order merely on the ground of his having made a represen
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