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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.
Arunkumar P. S/o Parameswaran Nair – Appellant
Versus
Cochin Devaswom Board – Respondent
JUDGMENT :
Muralee Krishna, J.
1. This writ appeal is filed under section 5(i) of the Kerala High Court Act, 1958, by the petitioner in W.P. (C) No. 27677 of 2024, challenging the judgment dated 03.03.2025 passed by the learned Single Judge in that writ petition.
2. The appellant is presently working as “Sambandhy” at Chittoor Sree Krishnaswamy Temple under the management of the 1st respondent Cochin Devaswom Board. By Ext.P1 order dated 29.07.2024, issued by the 2nd respondent Devaswom Commissioner, the appellant was transferred to Arikanniyoor Temple, which according to the appellant is more than 85 kms away from his present working place. According to the appellant, he filed Ext.P2 complaint against the Secretary of the Temple Advisory Committee of Chittoor Sree Krishnaswamy Temple, alleging an offence under Section 84 of the Bharatiya Nyaya Sanhita, 2023. The accused in that complaint is an influential person and he caused the issuance of Ext.P1 transfer order. The appellant claims that he is a native of Alappuzha and has been suffering from perforation of the left ear and allergic rhinitis. He underwent surgery in the month of August 2022. He submitted Ext.P3 request dated 26.07.
Judicial interference in employee transfer orders is limited to cases of mala fides or statutory violations; otherwise, the employer's discretion prevails.
Judicial interference in employee transfers is limited to cases of mala fides or statutory violations; otherwise, the employer's prerogative prevails.
Transfer orders are within the employer's discretion and not subject to judicial review unless vitiated by mala fides or statutory violations.
Transfer orders are a condition of service; courts will not interfere without proof of mala fides or statutory violations.
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.
The central legal point established in the judgment is the importance of the employer's discretion for better administration in employee transfers, and the limited scope of judicial review under Arti....
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
An employee cannot claim to serve at a particular place of his choice, and the court's interference with transfer orders is limited to cases of violation of statutory provisions or mala fides.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
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