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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Bhrugu Gunavantbhai Kotak – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioners seek transfer as additional assistant engineers. (Para 1 , 2 , 3) |
| 2. arguments presented by petitioners and respondents on transfer. (Para 4 , 5 , 6) |
| 3. court identifies key issues for consideration. (Para 8 , 9) |
| 4. court's observations on state's authority in transfers. (Para 10 , 11) |
| 5. state practice of filling posts valid; no arbitrariness. (Para 12) |
| 6. no inherent right for transfer; subject to administrative needs. (Para 13 , 14 , 15) |
| 7. government resolution does not grant a right for transfer. (Para 16) |
| 8. petition rejected; no grounds for interference. (Para 17) |
JUDGMENT :
Nikhil S. Kariel, J.
1. Heard learned Advocate Mr. B.T. Rao on behalf of the petitioners, learned Assistant Government Pleader Mr. Aditya Pathak on behalf of respondent no.1- State, learned Advocate Mr. Devang Dave on behalf of respondent no.2, learned Advocate Mr. Rutviz Bhatt for respondent no.4 and learned Advocate Mr. H.S. Munshaw on behalf of respondents no. 5 and 7.
2. By way of this petition the petitioners have sought for following prayers:
[A] Your Lordships may be pleased to admit and allow this petition.
[B] Your Lordships may issue a writ of Mandamus or any other appropriate
Employees do not have an inherent right to transfer to specific posts; transfer is governed by administrative exigencies, and the State is empowered to decide appointments and transfers.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
The main legal point established in the judgment is that the power of transfer and posting should be exercised honestly, bona fide, and reasonably, based on administrative exigency and public interes....
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
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