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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, NAJMI WAZIRI
Meena Matai – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition challenges transfer order by cat. (Para 3 , 5 , 6) |
| 2. consideration of administrative needs vs. personal circumstances. (Para 7 , 10 , 15) |
| 3. petitioner argues against transfer based on health. (Para 8 , 9 , 11 , 14) |
| 4. court analyzes validity of medical claims and precedent. (Para 16 , 17 , 18 , 19) |
| 5. importance of administrative discretion and order. (Para 20 , 21) |
| 6. assessment of decision-making and lack of merit in claims. (Para 22 , 23 , 25) |
| 7. final dismissal of petition for interim relief. (Para 26) |
JUDGMENT
[VIA VIDEO CONFERENCING]
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
Government employees have no vested right to remain posted at a preferred location; transfers based on administrative exigencies are permissible unless statutory violations occur.
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.
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 ....
Transfers are service incidents; must join posting first; no judicial interference absent mala fides or statutory violation.
Transfer is an incident of service and an employee does not have any legal right to be transferred to a place of their choice. The needs of the administration take precedence above the preferences of....
The main legal point established in the judgment is that the transfer of the petitioner was upheld based on public interest and administrative exigencies, in accordance with the CSIR guidelines for t....
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