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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
Suresh Babu R. S/o N.B. Rajagopal – Appellant
Versus
State of Kerala – 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. 24532 of 2024. The writ petition was filed by the appellant under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P1 transfer order dated 01.02.2024 issued by the 3rd respondent transferring the appellant from Thiruvananthapuram to Ramakkalmedu in Idukki district and Ext.P9 order dated 02.07.2024 by which the 1st respondent rejected Ext.P7 representation dated 15.05.2024 submitted by the appellant against Ext.P1. The appellant also sought a writ of mandamus commanding the respondents to permit him to continue as Senior Technical Assistant in the office of the 2nd respondent at Thiruvananthapuram. As per the impugned judgment dated 04.04.2025, the learned Single Judge dismissed the writ petition.Being aggrieved, the appellant filed this writ appeal.
2. The case of the appellant, in brief, is that he joined service as a Technician under the 2nd respondent on 12.07.1995. In the year 2021, he was promoted as Sub-Engineer (now redesignated as Senior Technical Assistant). As per Ext.P1 transfer order dated 01.
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.
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.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
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 review of transfer orders is limited to cases of mala fides or statutory violations; transfers are normal incidents of service.
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Transfers of employees are service incidents and not subject to legal challenge without clear proof of mala fides or statutory violations.
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