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RAJIV SAHAI ENDLAW, NAJMI WAZIRI
Meena Matai – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - CM No.14785/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) No.4788/2021 & CM No.14784/2021 (for stay)
3. This petition, under Article 226 of the Constitution of India, impugns the order dated 31st March, 2021 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi, of dismissal of O.A. No.726/2021 preferred by the petitioner, an Assistant in the Architectural Department at Public Works Department (PWD), New Delhi, with respect to her transfer to Chandigarh.
4. We have perused the records and heard the counsel for the petitioner.
5. It is the case of the petitioner, that (i) the petitioner, now aged 56 years, joined the Architectural Department of Ministry of Housing and Urban Affairs, on 10th December, 1986, on the post of Assistant; (ii) the petitioner, since 1986 i.e. for nearly 36 years, has been posted at Delhi; (iii) the petitioner was diagnosed as suffering from "hole in macula of eye and retinal detachment" and underwent two surgeries therefor in the year 2014; (iv) on 23rd June, 2016, transfers of officials, staff, employees in PWD were effected but the
Government servants can be transferred in administrative exigencies, and courts are reluctant to interfere with transfer orders unless there is a violation of statutory provisions or mala fides.
Government employees have no vested right to remain posted at a preferred location; transfers based on administrative exigencies are permissible unless statutory violations occur.
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
Transfer orders in public administration are justified unless proven to be mala fide, unlawful, or against established statutory provisions; no absolute right for an employee to remain in one postal ....
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