Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
Vinodkumar Chamanbharthi Bava & Ors. – Appellant
Versus
High Court Of Gujarat – Respondent
R/Special Civil Application No. 9118 of 2024 With R/Special Civil Application No. 9155 of 2024
Decided on : 30-08-2024
Transfer - Employment - Article 226 - The court discussed the One Time Settlement Scheme for inter-district transfers, emphasizing the lack of a right to reconsideration and the necessity of administrative discretion in transfer matters.
Fact of the Case:
The petitioners, serving as Bailiffs in Gujarat, sought reconsideration of their applications for inter-district transfers under a One Time Settlement Scheme, claiming violations of natural justice due to non-communication of reasons for rejection.
Finding of the Court:
The court found that the respondent's decision to file the applications was within their administrative powers and did not violate principles of natural justice, as the petitioners were informed of their options to reapply.
Issues: Whether the petitioners had a right to reconsideration of their transfer applications and if the respondent's actions violated principles of natural justice.
Ratio Decidendi: The court held that transfer is an administrative matter, and employees do not have a vested right to claim transfers - the decision to reconsider applications lies solely with the employer.
Result: Both petitions are dismissed.
ORDER :
1. Heard Mr. N. K. Majmudar, the learned advocate appearing for the petitioners and Mr. G. M. Joshi, the learned Senior Counsel assisted by Mr. I. G. Joshi, the learned advocate appearing for respondent No.1.
2. The petitioners in both the captioned petitions have prayed for identical reliefs. The Special Civil Application No.9118 of 2024 in view thereof is taken as lead matter and the order passed in the Special Civil Application No.9118 of 2024 would govern the Special Civil Application No.9155 of 2024.
3. By way of present petitions, the petitioners herein have invoked extraordinary jurisdiction under Article 226 of the Constitution for direction upon the respondent No.1 herein to consider the applications of the petitioners who have been serving in the cadre of “Bailiff” in various Hon’ble Courts of the State of Gujarat in various Districts Courts of Gujarat, having their absolute administrative powers for framing the service conditions, for modifying the service conditions, for taking appropriate decisions pertaining to the service of the petitioners. All such decisions are within the absolute powers of the respondent authorities, as far as the appointment, transfer, disciplinary proceedings and other general conditions of service pertaining to the service of the petitioners including powers of transfer, powers of inter-district transfer, power of mutual transfers of petitioners who are serving in various subordinate Courts of various districts of State of Gujarat.
4. The petitioners applied pursuant to the Scheme which was floated as ‘One Time Settlement Scheme’. The said details are duly produced at Annexure-A. The petitioners herein, pursuant to the One Time Settlement Scheme with respect to the Inter District Transfer of subordinate judicial staff, Class-III and IV of the State of Gujarat dated 12.9.2022 duly produced at Annexure-B, which is in continuation to the communication dated 16.9.2022 duly produced at Annexure-C, applied under the said Scheme. Out of the 1323 applicants, petitioners’ applications seeking transfer under the said Scheme came to be ‘filed’.
5. Being aggrieved by the aforesaid, the petitioners herein have approached this Court seeking the following reliefs :-
B. Be pleased to issue appropriate writ, order and/or directions and be pleased to direct the Hon'ble respondent authority to reconsider and re-decide the applications of the petitioners herein, and as per the High Court Regulation No.1409/43/65(G) dated 14/02/2023 (Annexure-D), the said decision i.e. 'one time measure' taken qua the 524 applicants for the application of transfer may also be extended/take qua the present applicants in the interest of justice;
C. Be pleased to issue appropriate writ, order and/or directions and be pleased to quash and set aside the communication dated 19/03/2024 bearing resolution NO.B/1409/65 (Annexure-F); issued by the Hon'ble Respondent authorities and the same may kindly be quashed and set aside and the Hon'ble Court may kindly issue appropriate writ, order and/or directions directing Hon'ble authorities to reconsider and re-decide the applications preferred by the concerned petitioners (whose names have been mention in the tabular form statement annexed at Annexure-A) seeking inter- district transfer and all such applications of the concerned petitioners may kindly be ordered to be reconsidered and re- decided that too, after giving reasonable opportunity of hearing, and then the same may kindly be reconsidered and re- decided, in accordance with law, in the interest of justice.
D. Be pleased to pass such orders as thought fit in the interest of justice.”
Submissions on behalf of the petitioners :-
6. Mr. N. K. Majmudar, the learned advocate appearing for the petitioners submits that the impugned action undertaken by the respondent No.1 is in violation of cardinal principles of natural justice.
6.1 It is submitted that no detailed reasons have been mentioned for not co
The court established that transfer decisions are administrative and not subject to judicial review unless proven arbitrary or in violation of statutory norms.
Mechanical rejection of transfer representations without reasoned consideration of individual difficulties is impermissible; authorities must pass speaking orders balancing administrative exigency wi....
Transfer orders must be reasoned, addressing individual representations; mechanical rejections invalid despite administrative exigency.
Transfer orders require reasoned speaking rejection of representations considering individual hardships and policy guidelines.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
Transfer orders valid unless mala fide or violative of rules, but representations on personal grounds require reasoned speaking orders addressing specifics, balancing administrative exigency with emp....
Transfer orders valid absent mala fides, but representations require reasoned speaking orders addressing individual hardships.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
