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KALYAN RAI SURANA
Duken Kato – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
Heard Mr. D. Mozumder, learned senior counsel, assisted by Mr. S. Biswakarma, learned counsel for the petitioner. Also heard Mr. T. Tagum, learned standing counsel for the Education Department, representing respondent no.1 to 4, Mr. D. Das, learned senior counsel, assisted by Mr. R.B. Phukan, learned counsel for the respondent no.5, Mr. K. Loya, learned counsel for the respondent no.6 and Mr. D. Soki, learned counsel for respondent no.7.
2. It was jointly submitted at the Bar that the matter can be heard and disposed of at the “admission” stage as no more pleadings are required to be exchanged. Accordingly, on the joint prayer made by learned senior counsel and counsel for the parties, the matter has been heard.
3. The learned senior counsel and counsel for the parties are ad idem that as per the service rules in force in the State, the Principal of a Govt. Secondary School, Deputy Director of School Education (DDSE for short) and Deputy Director of Elementary Education (DDEE for short) belong to the same cadre and are analogous posts. It is also not disputed that the petitioner, during his service career, has remained outside his home district during last 16 years.
4. The c
Transfer orders must comply with established policies, especially regarding employees nearing retirement, and cannot be influenced by political interference.
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.
The judicial review of an order of transfer and posting requires the presence of mala fide exercise of power or violation of statutory provision for interference.
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....
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
The court upheld the principle that mid-session teacher transfers adversely affect students' education, emphasizing the need for stability in educational settings.
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