Back
VIJAY BISHNOI, MANISH CHOUDHURY
N. Mongyung Phom – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
[Manish Choudhury, J.]
This intra-court appeal is preferred taking exception to a Judgment and Order dated 25.07.2024 passed by a learned Single Judge in a writ petition, W.P.[C] no. 282 of 2022 which the writ appellant had preferred as the writ petitioner. In the writ petition, assail was made to a part of an Order bearing no. HTE/HE/TRANSFER/13-8/2022/941 dated 09.11.2022 whereby the writ appellant-writ petitioner had been transferred to Sao Chang College, Tuensang and the respondent no. 4 was retained at Dimapur Government College. By the Judgment and Order dated 25.07.2024, the writ petition came to be dismissed.
2. Both the writ appellant-writ petitioner [‘the appellant’, for short] and the respondent no. 4, who was also impleaded as party-respondent no. 4 in the writ petition [‘the respondent no. 4, for short] are serving as Assistant Professors in English in Government Colleges under the Higher and Technical Education Department, Government of Nagaland. The appellant came to be appointed as a Lecturer in English vide a Notification dated 06.08.2009 issued by the Department of Higher and Technical Education, Government of Nagaland, after her name was recommended by th
Transfer orders are a condition of service and can be modified in public interest without requiring reasons in the order.
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
The court emphasized the necessity of fair consideration of personal circumstances in transfer decisions, without infringing upon the administrative authority's discretion.
A transfer order made in public interest must be supported with sufficient reasons, and the absence of reasons makes the order arbitrary and illegal.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
Transfer of employees is an essential condition of service governed by administrative exigencies, and courts should exercise restraint in interfering with such orders unless they are proven to be ill....
Transfer orders in public interest are administrative duties of authorities, requiring no court interference unless there is clear evidence of mala fides or violation of statutory provisions.
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
