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RAJANI DUBEY
V. Walter, W/o Shri H. Walter – Appellant
Versus
State of Chhattisgarh, Through its Secretary, Department of School Education – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:
(ii) This Hon'ble Court may kindly be pleased to issue a appropriate writ quashing and sitting aside the impugned memo dated 16/12/2008 (Annexure P/1) issued by the respondent no.3.
(iii) This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to reinstate the petitioner with all consequential benefits.
(iv) Any other relief/relief, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, may kindly be granted.
(v) Cost of the petition be also awarded.”
2. Brief facts of the case as projected by the petitioner are that, the petitioner was initially appointed as Lower Division Teacher vide order dated 30.06.1986 issued by the respondent no.4 against the regular vacant sanctioned post in regular pay scale and posted at Church of Christ Primary School, Kududand, Bilas
Point of law: As a disciplined employee, the petitioner has obeyed the said orders under protest and he has joined duties at the place of transfer though he is BLIND and though the impugned order is ....
Transfer orders in government service must be made in public interest and administrative exigencies, and modifications to such orders require valid justification; courts will not interfere unless the....
The main legal point established in the judgment is that the Education Officer had no jurisdiction to set aside a routine and administrative transfer order issued by the petitioner under the MEPS Rul....
Transfer orders must comply with established policies, especially regarding employees nearing retirement, and cannot be influenced by political interference.
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
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