Back
IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
VIJAY BISHNOI, C.J., MANISH CHOUDHURY, J.
Smti. N. Mongyung Phom – Appellant
Versus
The State of Nagaland - Respondent
Writ Appeal No.19 of 2024
Decided on : 05-12-2024
(A) Nagaland Higher Education Service Rules - Transfer of Government employees - Transfer is a condition of service and can be modified in public interest. The appellant challenged the modification of her transfer order without reasons, arguing it was arbitrary. The court found no violation of statutory provisions or mala fides in the transfer process. (Paras 11, 16, 26)
(B) Transfer Orders - The court emphasized that transfer orders are not to be interfered with unless shown to be arbitrary or in violation of statutory provisions. The necessity for reasons in modification orders was discussed, but the court upheld the modification based on humanitarian grounds. (Paras 16, 26)
Facts of the case:
The appellant was transferred from Wangkhao Government College to Sao Chang College, while the respondent was retained at Dimapur Government College due to humanitarian grounds concerning her child's medical condition.
Findings of Court:
The court upheld the transfer order, stating it was made in public interest and did not violate any statutory provisions.
Issues: The main issue was whether the modification of the transfer order required reasons and if the transfer was arbitrary.
Ratio Decidendi: The court ruled that transfer is an essential condition of service and can be modified in public interest without necessarily providing reasons in the order itself.
Result: Appeal dismissed.
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 the Nagaland Public Service Commission. As per the Notification dated 06.08.2009, the initial posting of the petitioner was at Wangkhao Government College, Mon. On being so appointed, the petitioner joined as a Lecturer [later on, re-designated as Assistant Professor] in English at Wangkhao Government College at Mon. The appellant and the respondent no. 4 are members of the Nagaland Higher Education Service and their conditions of service are regulated by the Nagaland Higher Education Service Rules.
3. The Higher and Technical Education Department, Government of Nagaland issued an Order bearing no. HTE/HE/TRANSFER/13-8/2022 on 10.10.2022 whereby it effected transfer/posting of twenty-eight nos. of Associate Professors/Assistant Professors serving in different Colleges under the Higher Education Department, Government of Nagaland. By the Order dated 10.10.2022, the appellant was transferred from Wangkhao Government College at Mon to Dimapur Government College. By the Order dated 10.10.2022, the respondent no. 4 who is also an Assistant Professor in English, was transferred from Dimapur Government College to Wangkhao Government College, Mon. The Associate Professors/Assistant Professors whose names figured in the Order dated 10.10.2022 were informed that handing over/taking over should be completed within ten days from the date of issuance of the Order.
4. After about a month from the Order dated 10.10.2022, the Higher and Technical Education Department, Government of Nagaland issued another Order bearing no. HTE/HE/TRANSFER/13-8/2022/941 dated 09.11.2022 in continuation of its earlier Order dated 10.10.2022. In the Order dated 09.11.2022, names of nine nos. of Associate Professors/Assistant Professors figured including the names of the appellant and the respondent no. 4. In the Order dated 09.11.2022, it was mentioned that the services of the respondent no. 4 would be retained at Dimapur Government College. On the other hand, the order of transfer of the appellant who was earlier transferred to Dimapur Government College, was modified by transferring the appellant to Sao Chang College, Tuensang. The Associate Professors/Assistant Professors were informed that handing over/taking over should be completed within a period of ten days from the date of issuance of the Order.
5. When a Representation preferred by the appellant on 14.11.2022 seeking revocation of her transfer to Sao Chang College, Tuensang and for giving effect to her original transfer order to Dimapur Government College did not revoke any response, the appellant as the writ petitioner preferred the writ petition, W.P.[C] no. 282 of 2022. The learned Single Judge after hearing the parties and upon perusal of the materials brought on record, dismissed the writ petition by the impugned Judgment and
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....
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
