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SUMAN SHYAM
Jyotish Das S/o Lt. Sona Ram Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Ms. B. Bhuyan, learned senior counsel assisted by Ms. R. S. Deuri, learned counsel appearing for the writ petitioner. Also heard Mr. R. Dhar, learned Additional Senior Government Advocate, Assam appearing on behalf of the respondents.
2. The writ petitioner herein is serving as Deputy Director of Food & Civil Supplies and Consumer Affairs and is presently posted at Kamrup Sadar in the District of Kamrup(M). Assailing the transfer order dated 21.07.2023 by means of which, he has been transferred and posted at Haflong, the instant writ petition has been filed inter-alia contending that this is a case of premature transfer in as much as the petitioner is yet to complete two years in his present place of posting. The other grounds urged by the petitioner’s counsel are that the petitioner is due for retirement on attaining the age of superannuation with effect from 30.04.2025 and therefore, he has less than two years to go for his retirement. Under the circumstances, in order to avoid any delay in finalization of his pension, the petitioner ought to be posted in his home district i.e. Kamrup(M), which has not been done in the present case. Finally, Ms. Bhuyan has argued t
The legal principle established is that the scope for the Writ Court to interfere with an order of transfer is extremely limited, and a transfer order can only be interfered with if issued in violati....
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.
Transfer orders within government service are generally not subject to judicial review unless proven malafide or in violation of statutory provisions.
Transfer of an employee is an exigency of service and should not be interfered with unless it is mala fide or in violation of statutory provisions.
Transfers of employees nearing retirement must be justified by administrative exigency; otherwise, they are deemed arbitrary and against public policy.
Consideration of impending retirement and balance between administrative exigency and personal inconvenience in transfer orders.
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