Transfer is not a condition of service, but is merely an incidence of service. An employee, who joins service of an employer having establishments or offices all over India, can be posted in any part of the country and he cannot be heard to complain against transfer from one place to the other. If he fails to comply with or disobeys the order of transfer/posting, he does so at his own peril. Ordinarily, the Court will not interfere with the employer’s prerogative to transfer and post an employee from one place or station to the other unless it is established that the action of the employer is contrary to the statutory provisions or is vitiated due to patent arbitrariness or mala fides. This proposition must be treated as settled by the judgments of the Supreme Court in B. VARADHA RAO V. STATE OF KARNATAKA [1], ABANI KANTA RAY V. STATE OF ORISSA [2], UNION OF INDIA V. S.L. ABBAS [3], PUBLIC SERVICES TRIBUNAL BAR ASSOCIATION V. STATE OF U.P. [4], UNION OF INDIA V. JANARDHAN DEBANATH [5] and KENDRIYA VIDYALA SANGATHAN V. DAMODAR PRASAD PANDEY [6].

2. I have prefaced disposal of this petition by taking cognizance of the above noted proposition because the questions, w