A transfer order is valid if issued by the competent authority and is an administrative necessity, barring cases of mala fides or arbitrariness.

JUDGMENT :

KAUSHIK GOSWAMI, J.

Heard Mr. C Bhattacharyaa, learned counsel for the petitioner and Mr. R Sekhar, learned counsel appearing on behalf of the respondent Nos. 1, 2 & 3.

2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the order dated 14.02.2025, whereby he was transferred from the post of Deputy Manager, Finance, Head Officer, F&A to Assam State Warehousing Corporation, Silchar center, in order to perform the functions of accounting matters of the Silchar and Karimganj centers.

3. The brief facts of the case are that the petitioner was appointed on 10.08.2017 as Deputy Manager, Finance at the Accounts Branch of the Head Office of the Assam State Warehousing Corporation on contractual basis.

4. Thereafter, the respondent Assam State Warehousing Corporation by order dated 10.08.2017 engaged the service of the petitioner as Deputy Manager Finance (Contractual) in the Office of the Managing Director, Assam State Warehousing Corporation, Guwahati.

5. Thereafter, the service of the petitioner was regularized by order dated 17.02.2021. In the meantime, by order dated 14.02.2025, the Managing Director of the Assam State Warehousing Corporation, respondent transferred the petitioner from the said post of Deputy Manager, Finance, Head Office to Silchar Center.

6. Aggrieved by the aforesaid transfer, the present writ petition has been filed.

7. Mr. C Bhattacharyaa, learned counsel for the petitioner submits that petitioner having been appointed to a post which is not transferable as per the terms and conditions of the subject Advertisement read with the Engagement Order in question, the impugned transfer order is bad in law. He further submits that by the impugned transfer order, the petitioner has been transferred to Silchar center to perform the functions of accounting matters of the two centers in question and as such, the petitioner has been demoted to the utter prejudice of his service prospects. He further submits that under Section 20 of the Warehousing Corporation Act, 1962 [hereinafter referred to as the 1962 Act] read with Regulation 68 and 69 of the Assam State Warehousing Corporation Staff Regulation, 1989 [hereinafter referred to as the Regulation, 1989], the Board of Directors being the competent authority to order transfer, the impugned transfer by the Managing Director is without jurisdiction.

8. Per contra, Mr. R Shekhar, learned counsel for the respondent Nos. 1 to 3 submits that though initially the service of the petitioner was on contractual basis as per the engagement letter dated 10.08.2017, however, the same having been regularized later on, the service conditions applicable to the staff of the respondent Corporation are applicable. He further submits that under the existing Regulations, it is the Managing Director, who being the appointing authority for the post held by the petitioner is competent and authorized to transfer the petitioner. He accordingly submits that the impugned transfer order having been issued by the Managing Director, the same is valid. He further submits that the impugned transfer order is made in the interest of the respondent Corporation due to exigencies of service and hence, the same ought not to be interfered with.

9. In support of the aforesaid submissions, Mr. R Shekhar, learned counsel for the respondent Nos. 1 to 3 relied upon the following decisions –

(i) Roshal Lal Tandon -Vs- Union of India , reported in (1968) 1 SCR 185

(ii) Union Public Service Commission -Vs- Girish Jayanti Lal Vaghela & Others, reported in 2006 (2) Supreme 221

(iii) Rajesh Kumar Singh -Vs- District Basic Education Officer and Others , reported in 2022 4 ADJ 535.

10. I have given my prudent considerations to the arguments advanced by the learned counsel for the parties and also perused the material available on record. I have also duly considered the case laws cited at the bar.

11. Apt at the outset to refer to the subject Advertisement and the Engage