Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
VIJAYAKUMAR SON OF PRABHAKARAN – Appellant
Versus
KERALA WATER AUTHORITY – Respondent
JUDGMENT :
Muralee Krishna, J.
This writ appeal is filed under Section 5(i) of the Kerala High Court Act, 1958 , by the petitioner in W.P.(C) No.34954 of 2024, being dissatisfied by the judgment dated 14.01.2025 passed by the learned Single Judge whereby the writ petition filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Certiorari to quash Ext.P5 order of transfer dated 01.10.2024 issued by the 4th respondent Deputy Chief Engineer (General), Kerala Water Authority transferring the appellant to PH Section, Kozhinjampara from Palakkad Water Supply Scheme Section (‘PWSS Section’ in short), Malampuzha and permit him to continue in the present station was dismissed.
2. According to the appellant, he is a differently abled person with 60% locomotor disability, presently working as Head Operator in the 1st respondent Water Authority in the PWSS Section, Malampuzha since 20.03.2010. As per the Government orders, differently abled persons having disability of 60% and above are given protection from transfer. Apart from protecting such persons from transfer for 5 years, the protection in the post has been extended until any other person with disability of
Transfer of government employees is a condition of service; legal rights to remain at a specific post are not guaranteed unless statutory violations or mala fides are established.
Judicial interference in employee transfers is limited to cases of mala fides or statutory violations; otherwise, the employer's prerogative prevails.
Transfer orders are valid unless they violate statutory provisions or are shown to be mala fide.
Judicial interference in employee transfer orders is limited to cases of mala fides or statutory violations; otherwise, the employer's discretion prevails.
Transfer orders are a condition of service; courts will not interfere without proof of mala fides or statutory violations.
Transfer orders are within the employer's discretion and not subject to judicial review unless vitiated by mala fides or statutory violations.
Judicial review of transfer orders is limited to cases of mala fides or statutory violations; transfers are normal incidents of service.
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
