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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, JUSTICE MURALEE KRISHNA S., JJ
RAKESH G,senior CONSULTANT GRADE I – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
Muralee Krishna S., J.
1. The appellant who is the petitioner in W.P.(C)No.43404 of 2024 filed this appeal under Section 5(i) of the Kerala High Court Act, 1958 , against the judgment dated 16.12.2024 passed by the learned Single Judge whereby the writ petition filed under Article 226 of the Constitution of India by the appellant challenging Ext.P4 order dated 28.11.2024 issued by the 2nd respondent transferring him from Shirdi Airport Site to Manipur International Airport site and also claiming reliefs pertaining to payment of salary in arrears to him was closed holding that nothing survives in the writ petition.
2. The appellant entered service in the 2nd respondent Kerala Industrial and Technical Consultancy Organisation (KITCO) Ltd. in the year 2005 as a Consultant Grade-II. He was promoted as Consultant Grade-I in 2009, Senior Consultant Grade-II in 2013 and Senior Consultant Grade-I in 2017. As per Ext.P1 order dated 24.06.2023, he was transferred to Shirdi as Project Director-Shirdi Airport and Head-West Region. While he was working at Shirdi, as per Ext.P4 order dated 28.11.2024 he was transferred to the Site of International Airport Project at Manipur with effect f
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.
The management has the discretion to transfer employees without consent unless expressly prohibited in the employment contract, and non-compliance with transfer orders implies voluntary resignation.
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
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