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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Chandrawati Srivastav, Daughter Of Late S. S. Lal Shrivastava – Appellant
Versus
Union Of India Through Secretary, Govt. Of India, Ministry Of Defence, Border Road Wing, 4th Floor B Wing, Sena Bhawan, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of administrative transfer and rejected spouse posting requests. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. contention regarding government transfer policy vs. institutional service exigencies. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. analysis of arbitrary administrative rejection of spouse posting representations. (Para 20 , 21 , 22 , 23 , 24) |
| 4. judicial mandate for authorities to align transfers with family welfare guidelines. (Para 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
SHAMIMA JAHAN , J.
Heard Mr. F. Faridi, learned counsel for the petitioners. Also heard Mr. S. P. Choudhury as well as Mr. U. K. Goswami, learned counsels for all the respondents.
2. By this application filed under Article 226 of the Constitution of India, the petitioners have prayed for spouse posting at one particular post. The petitioners have also challenged the posting and transfer order dated 17.08.2024 by which petitioner no.1 transferred to Jammu Tawi and order dated 28.08.2024 by which petitioner no.2 was transferred to Silapathar.
3. It is the case of the petitioner that both of them were working under the General Reserve Engineer Force, petitioner no.1 as Op
Judicial interference in employee transfers limited unless mala fide or statutory violation; administrative guidelines not enforceable rights.
Spouse posting policy requires specific reasons for denial; vague 'public interest' insufficient, allowing promotion relinquishment for retention.
Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.
Transfer orders based on administrative discretion cannot be challenged unless violating statutory rules or showing mala fides.
Transfer of Group 'A' railway officers in administrative interest upheld; no absolute right to spouse posting, Placement Committee approval not mandatory, mid-session/child grounds exhaustible, SC po....
The court established that co-location postings for airmen should prioritize family welfare and that tenure restrictions must align with the policies governing such postings, particularly in cases in....
No absolute right to spouse posting transfer absent specific post vacancy; reservations inapplicable to transfers but roster compliance mandatory.
Transfer rejection invalid for non-application of mind where authorities ignore child's severe disability, DoPT compassionate guidelines, and departmental policy's personal circumstances clause despi....
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