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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SUJATHA, J.
B. GEETHA LAKSHMI – Petitioner
Versus
THE STATE OF ANDHRA PRADESH – Respondent
Writ Petition No. 16421 of 2023
Decided On : 06-11-2023
Transfer - Administrative Grounds - G.O.Ms. No. 71 Finance (HR.I-PLG&POLICY) Department dated 17.05.2023 - Summary of Acts and Sections: G.O.Ms. No. 71 Finance (HR.I-PLG&POLICY) Department dated 17.05.2023 - The court discussed the provisions of G.O.Ms. No. 71 Finance (HR.I-PLG&POLICY) Department dated 17.05.2023, which empowers the authorities to effect transfers on administrative grounds. The court highlighted that the transfer order was in accordance with the said G.O. and emphasized that the issue of transfer is a prerogative of the employer and the courts cannot interfere unless there are strong grounds rendering the transfer order illegal or mala-fide.
Fact of the Case:
The petitioner, a government employee, challenged her transfer from Visakhapatnam to Chodavaram, Anakapalli District, contending that it was illegal and contrary to the guidelines issued in G.O.Ms. No. 71 dated 31.05.2023.
Finding of the Court:
The court found that the transfer order was in accordance with G.O.Ms. No. 71 Finance (HR.I-PLG&POLICY) Department dated 17.05.2023, which empowers the authorities to effect transfers on administrative grounds. The court held that the transfer was an administrative decision and that the petitioner's completion of only 6 months service at the present station was not a ground to set aside the transfer order.
Issues: The main issues were the legality of the transfer order and whether the court could interfere with the transfer of the petitioner.
Ratio Decidendi: The court held that the transfer order was in accordance with the relevant government order and emphasized that the issue of transfer is a prerogative of the employer. The court also highlighted that the transfer of a public servant on administrative grounds should not be interfered with unless there are strong grounds rendering the transfer order illegal or mala-fide.
Final Decision: The writ petition was dismissed by the court, and it was held that there were no grounds to interfere with the transfer order. The court also stated that the petitioner's completion of only 6 months service at the present station was not a ground to set aside the transfer order.
ORDER :
1. This writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
2. The brief facts of the case are that, the petitioner herein was initially appointed as Sub. Registrar Grade-II on 24.10.2009 and had completed training in the year 2011. After completion of training, the petitioner was posted at Sompeta, Srikakulam District and worked there till 2013. Thereafter, the petitioner was transferred to Itchapuram and worked there till 2014. Subsequently, the petitioner was posted at Vizianagaram R.O. (O.B.), as Sub-Registrar-II in the year 2014 and worked there till 07.07.2019. Further, the petitioner was transferred to Rajam and worked there till July, 2022 and thereafter, the petitioner was posted as Audit Sub. Registrar at Vizianagaram and worked there till October, 2022.
3. While the petitioner was working as Audit Sub-Registrar, Vizianagaram, she was promoted as Sub. Registrar Grade-I and posted as Joint Sub-Registrar-I at Visakhapatnam (O.B.) Jagadamba Centre, Visakhapatnam on 31.10.2022. Subsequently, on 10.05.2023, the petitioner was posted to Ponduru S.R.O. Srikakulam district on deputation basis. Thereafter, as the general transfers were effected by virtue of the relaxation of the ban on transfers vide G.O.Ms. No. 71 Finance (HR.I-PLG&POLICY) Department, dated 17.05.2023, the petitioner was transferred and was posted at Chodawaram vide proceedings dated 31.05.2023 of the 4th respondent on administrative grounds, though the petitioner has not made any request and not even completed 6 months of service at Visakhapatnam R.O. (O.B.). After transferring the petitioner, one Sri. M. Ravi Shankar Sesh was posted as Joint-I Sub-Registrar, Visakhpatnam O.B and on the same day, a modification order was issued transferring Sri. M. Ravi Shankar Sesh to S.R.O. Ponduru, Srikakulam District by retaining one Sri. K. Srinivasulu as Joint Sub-Registrar-II Visakhapatnam, R.O. (O.B.).
4. The grievance of the petitioner is that she had shifted her family from Vizianagaram to Visakhapatnam in the month of December, 2022 and had admitted her children in the local school in Visakhapatnam and had to look after her aged mother who lives along with her. She was transferred from Vizianagaram to Visakhapatnam on 31.10.2022 and not even completed 6 months service at the present station, therefore, the transfer order issued by respondent No. 4 is illegal and contrary to the guidelines issued in G.O.Ms. No. 71 dated 31.05.2023. Hence, the writ petition.
5. The respondent No. 4 has filed a counter contending that while the petitioner was working as Joint Sub-Registrar-I, R.O. (OB), Visakhapatnam, the ACB authorities, Visakhapatnam Range have conducted Surprise Check over R.O. (OB), Visakhapatnam on 26.04.2023. The D.S.P., ACB, Visakhap
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Transfers in public service can be made on administrative grounds without detailed justification, provided they do not violate statutory rules or are made in bad faith.
The transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
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