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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI, J.
Rasamsetti Hemaprakash – Appellant
Versus
The State Of Andhra Pradesh and Others – Respondents
Writ Petition No.22068 of 2024
Decided on : 03-10-2024
Transfer - Writ Petition - Articles 14, 16, 19, 21, 309 - The court discussed the guidelines for employee transfers, emphasizing the lack of vested rights in transfer orders and the necessity for administrative discretion, ultimately affirming the legality of the transfer under administrative exigency.
Fact of the Case:
The petitioner, a government employee, challenged a transfer order issued by the respondent, claiming it violated guidelines and was arbitrary. The petitioner had previously been transferred multiple times and was an office bearer of a recognized employee association.
Finding of the Court:
The court found that the transfer was made in accordance with administrative guidelines and did not violate any legal rights. The petitioner failed to demonstrate any mala fide intent or infringement of rights.
Issues: Whether the transfer order was illegal and warranted judicial intervention under Article 226 of the Constitution of India.
Ratio Decidendi: The court held that transfers are a prerogative of the employer and should not be interfered with unless there is clear evidence of mala fides or violation of statutory provisions.
Result: The Writ Petition is dismissed.
JUDGMENT :
The Writ Petition is filed seeking the following relief:
2. a) Petitioner joined in Government service on 02.12.1998 as a Junior Assistant, ZP Staff in Panchayat Raj Department, Machilipatnam, Krishna District. In the year 2018, the petitioner was transferred as Executive Engineer to PRI Division, Vijayawada. Later, he was promoted to the post of Senior Assistant and posted at Vijayawada in the Directorate of Disabled Welfare Office. On 16.07.2019 upon petitioner’s request, he was transferred to Divisional Development Officer, Machilipatnam on deputation. On 29.01.2024, the petitioner was repatriated to PRI Division, Machilipatnam. The petitioner is the office bearer of a recognized employee’ association. The 4th respondent issued proceedings vide Rc.No.1641/2023/A5 dated 31.05.2023 transferring the petitioner. The petitioner filed W.P.No.14039 of 2024 and the same was allowed. Petitioner has been working in the office of 5th respondent and completed 5 years 15 days.
b) The Government issued G.O.Ms.No.75, Finance (HR.I-PLG. & POLICY) Department dated 17.08.2024 issuing guidelines for the transfers of employees for the year 2024. Paragraph V (5) of the said guidelines prescribes regarding transfers of office bearers of recognized employees Associations. Despite the same, the 4th respondent issued the proceedings impugned in the writ petition. Petitioner made a representation dated 25.09.2024. The Government issued circular Memo No.GAD01-SW0SERA/13/2024-SW dated 22.08.2024 regarding the procedure to be adopted in transferring the office bearers. With these averments, the above writ petition is filed.
3. Heard Sri A.S.K.S.Bhargav, learned counsel for the petitioner, Sri G.Srinivasulu Reddy, learned standing counsel for 4th respondent, and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for Respondents 1 to 3 & 5 to 7.
4. Learned counsel for the petitioner, in elaboration, would submit that the transfer of the petitioner was made contrary to the guidelines G.O.Ms.No.75 dated 17.08.2024. The proceedings, impugned, are unreasonable, and opposed to the cardinal principles of justice & fair play. The transfer of the petitioner will affect his service benefits, live with dignity, life, and livelihood. He would also submit that the proceedings impugned are capricious and colorable exercise of power.
5. Learned counsel for petitioner placed reliance upon the order of the learned single Judge of this Court in W.P.No.23195 of 2020 dated 28.01.2021. He also relied on the judgment of composite High Court in J.Ravinder Vs. The Regional Manager, APSRTC, Karimnagar Region, Karimnagar, 1994 APLJ (2) 225 : 1994 SCC OnLine AP 142. He also relied on the judgment of the Hon’ble Apex Court in Somesh Tiwari Vs. Union of India and others, (2009) 2 SCC 592. He also placed reliance on the judgment of the Division Bench of Madras High Court in P.Karunakaran Vs. The Union of India, WP No.12812 of 2013 dated 04.10.2013.
6. Per contra, learned Assistant Government Pleader for Services as well as Sri G.Srinivasulu Reddy, learned standing counsel for the 4th respondent would submit that the petitioner was transferred on administrative exigency. Transfer of the petitioner was ma
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 of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
Transfers of office bearers must adhere to statutory guidelines; failure to do so constitutes arbitrariness, violating Articles 14 and 16 of the Constitution.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
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....
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Judicial review of administrative transfers is limited; transfers based on administrative grounds are generally upheld unless shown to be arbitrary or in violation of statutory rules.
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.
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