The court emphasized that transfer orders made in public interest and for administrative reasons should not be interfered with unless they violate any mandatory statutory rule or are made on the ground of mala fide.

ORDER :

This writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 2nd respondent in issuing the Proceedings No.LAE0511021(31)/48/2022-A SEC. DOF-3, dated 29.06.2022, transferring the petitioner from the post of Deputy Chief Inspector of Factories, Guntur and I/c Inspector of Factories, Guntur to accommodate the 3rd respondent on return from leave as illegal, improper, arbitrary, contrary to law, violation of principles of natural justice, violative of Articles 14, 16 and 21 of the Constitution of India, unconstitutional and set aside the same by holding that the impugned transfer is made at the behest of the 3rd respondent that too, to accommodate him after return from leave is irrational and unsustainable in the eye of law and to pass.....”

2. The case of the petitioner is that, initially, he was appointed as Inspector of Factories on 05.09.2003 and was posted in the Head Office, Hyderabad. Thereafter, he discharged his duties in various places in the erstwhile State of Andhra Pradesh from time to time. After his promotion as Deputy Chief Inspector of Factories at Kadapa on 18.08.2016, he was transferred and was posted as Deputy Chief Inspector of Factories at Guntur with effect from 31.01.2019. While the things stood thus, the 2nd respondent issued impugned orders of transfer dated 29.06.2022, duly transferring the petitioner from the post of Deputy Chief Inspector of Factories and I/c Inspector of Factories, Guntur to that of post of Deputy Chief Inspector of Factories at Srikakulam on administrative grounds. The grievance of the petitioner is that his transfer was affected at the instance of the local MLA of Guntur West Constituency vide his letter dated 15.06.2022 so as to accommodate the unofficial respondent i.e., the 3rd respondent herein in the place of the petitioner. Challenging the said action, the petitioner has filed the present writ petition.

3. When the writ petition came up for admission on 05.07.2022, this Court was pleased to pass the following interim order:

“In the facts and circumstances, there shall be interim suspension of the impugned proceedings dated 29.06.2022 issued by the 2nd respondent till 30.08.2022.”

4. The respondent Nos.1 and 2 have filed a counter stating that the 3rd respondent has submitted a representation on 22.03.2022 stating that he underwent Coronary Artery Bypass Surgery on 14.09.2021 and thereby, he needs cardiac specialist doctors’ observation and requested to post him at Vijayawada. However, the said request could not be considered as there was ban on transfers.

5. The counter further states that the Government has relaxed the ban on transfers vide G.O.Ms.No.116, dated 07.06.2022 and G.O.Ms.No.122, dated 16.06.2022 duly stipulating certain principles and procedures for undertaking the transfers and postings, wherein there is no minimum qualifying service stipulated in the said G.O., for undertaking transfers on request and on administrative grounds, while making the transfer compulsory if the period of service at a station is more than 5 years. The respondent has issued a circular memo vide LAE 05-11021(31)/48/2022-A SEC-DOF, dated 13.06.2022, duly calling for options from the employees seeking transfer of the Department.

6. In response to which, the 3rd respondent has submitted an option form on 15.06.2022 requesting for transfer at Guntur, duly citing that he underwent Coronary Artery Bypass Surgery on 14.09.2021. Further, the petitioner, who is working in Guntur as Deputy Chief Inspector of Factories, since the last 3 years and 5 months, has also submitted a representation on 13.06.2022 requesting to retain him in the existing place as he has not completed 5 years of service at the station and also cited health grounds. The representation of the petitioner dated 13.06.2022 which is duly attached wit