IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, AJAY KUMAR GUPTA
Chandramoni Pakhira – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
1. The writ petitioner was the applicant before the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to as the “Tribunal”) in O.A. No. 357 of 2025. The Tribunal has dismissed the O.A. by a judgment dated 09.06.2025, which is the subject matter of the present writ proceedings.
2. The writ petitioner, a Senior Accounts Officer in the Defence Accounts Department was posted at Kolkata. She was transferred from Kolkata to Shillong by an order dated 29.11.2024. She represented seeking reconsideration of the transfer order, which was rejected by the authorities on 21.01.2025. The order was put to challenge in O.A. No. 164 of 2025, wherein the transfer order was also assailed. The O.A. was disposed of by an order dated 31.01.2025 setting aside the order dated 23.01.2025 whereby and whereunder the petitioner’s representation had been rejected, with a direction to the competent authority to reconsider the representation by a reasoned and speaking order. The Tribunal was pleased to allow the applicant to continue at her post in Kolkata till communication of decision on the representation.
3. In compliance of the Tribunal’s order the authorities
Sivanandan C.T. and Others vs. High Court of Kerala and Others
Transfer orders must be based on administrative feasibility, and personal hardships do not guarantee entitlement if guidelines are appropriately followed.
Transfer orders in public interest are administrative duties of authorities, requiring no court interference unless there is clear evidence of mala fides or violation of statutory provisions.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.