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NELSON SAILO
GO-3112L EE (CIV) Chandra Shekhar Belchandan S/o Late K. S. Belchandan – Appellant
Versus
Union of India – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. D. Borah, the learned counsel for the petitioner and Mr. K. Gogoi, the learned CGC for the respondents.
2. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for final disposal at the motion stage itself.
3. By filing this writ petition, the petitioner has challenged the transfer order dated 06.12.2024 by which he has been transferred from 92 RCC/44 TF/BMK to HQ CE (P) PSK and he has been directed to move forthwith. By the same transfer order, one Dheeresh Kumar has been posted in place of the petitioner. However, Dheeresh Kumar is not a party to the instant writ petition.
4. Assailing the transfer order, the petitioner through Mr. D. Borah, the learned counsel contends that the petitioner had joined HQ CE (P) Brahmank on 13.02.2024 (FN) as can be seen from the arrival report of the GREF Officer (Annexure-1). Thereafter, within a period of about two months, the petitioner has been transferred to 92 RCC/44 TF/BMK and he had been directed to move by 09.05.2024, vide the order of transfer dated 08.04.2024 (Annexure-2). As such, a movement order was issued on 27.04.2024 indicating the date of departure
The court ruled that transfer orders must be justified and not arbitrary, especially when they impact an employee's career advancement.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
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