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HIGH COURT OF CHHATTISGARH
Amitendra Kishore Prasad
Priylesh Prasad S/o Late Shri Dwarika Prasad – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. Heard Mr. Ashish Tiwari, learned counsel for the petitioner as well as Mr. Ajit Singh, learned Government Advocate, appearing for the State/respondents.
2. The instant writ petition is preferred by the petitioner under Article226 of the Constitution of India who was working as Assistant Engineer, Public Health Engineering, Division Baikunthpur, District Koriya (C.G.) and has been transferred to Sub Divisional Officer, Public Health Engineering, Ground Water Recharge Sub-Division, Jagdalpur (C.G.). By filing this writ petition, the petitioner has prayed for following relief(s):-
“a) Issue a writ of certiorari or any other appropriate writ order or direction quashing the impugned transfer order dated 01/01/2025 (Annexure P/1) issued by Respondent No.1 qua the Petitioner herein and/or,
b) Pass any other order that this Court may deem fit in the facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that at present petitioner is working as Assistant Engineer, Public Health Engineering, Division Baikunthpur, District Koriya (C.G.) in the respondents/Department and he has only 04 months to retire. He specifically submits th
Transfers of employees nearing retirement must be justified by administrative exigency; otherwise, they are deemed arbitrary and against public policy.
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
Point of Law : Hon’ble Supreme Court do not confer any indefeasible right upon petitioner to claim his transfer or posting of his choice and his individual convenience is subject to overarching needs....
The main legal point established in the judgment is that transfer is an incident of service, and a public servant has no vested right to seek transfer to a location of his choice. The courts should n....
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
Government servants have no vested right to remain posted at a place of their choice, and interference with transfer orders should be limited to cases of mala fides or violation of specific provision....
The court emphasized that a challenge to an order of transfer should normally be eschewed and should not be countenanced by the courts or tribunals as though they are Appellate Authorities over such ....
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