Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies, and the courts should not interfere with transfer orders made in public interest and for administrative reasons unless there is a violation of mandatory statutory rules or mala fides.

JUDGMENT

'S.B. Civil Writ Petition No. 16842/2022:-

1. This writ petition has been filed assailing the legality and validity of the order dated 04.11.2022 whereby, the petitioner, a Sub-Station Assistant-II, has been transferred from Talera Bundi to Bhilwara.

2. Learned counsel for the petitioner submits that his transfer is in violation of the transfer policy dated 29.12.2004 inasmuch as without petitioner's request for transfer, the respondent No.3 has been transferred in his place on his request. He submits that the petitioner is a low paid employee and should have been adjusted either in the home district or at the nearest place. He, therefore, prays that the order impugned dated 04.11.2022 be quashed and set aside.

3. Per contra, learned counsel for the respondents No.1 & 2/Caveator submitted that the petitioner was posted at earlier place of posting for 11 years and has been transferred in corporation interest. He submits that the distance of the transferred place is only 159 kms from the present place of posting and no interference is warranted. He, therefore, prays for dismissal of the writ petition.

4. Heard. Considered.

5. It is trite law that transfer is an exigency of service and no employee can claim vested right of remain posted at a particular place and the transfer order should not be interfered with unless it is actuated out of malice or is in violation of the statutory rules. Indisputably, it has not been case of the petitioner that there is violation of any statutory provision or the order suffers from malice. The petitioner has been transferred from the present place after 11 years and this Court finds no reason to interfere with the same.

6. The Hon'ble Supreme Court in the matter of Union of India and Anr. v. Deepak Niranjan Pandit and Anr.: (2020) 3 Supreme Court Cases 404 in para Nos. 3 and 4 of the judgment has held as under:-

"3.The High Court, in interfering with the order of transfer, has relied on two circumstances. Firstly, the High Court has noted that as a result of the stay on the order of transfer, the headquarters of the respondent will remain at Mumbai and even if he is to be suspended, his headquarters will continue to remain at Mumbai. The second reason, which was weighed with the High Court, is that the spouse of the respondent suffers from a cardiac ailment and is obtaining medical treatment in Mumbai. In our view, neither of these reasons can furnish a valid justification for the High Court to take recourse to its extraordinary jurisdiction under Article 226 of the Constitution in passing an order of injunction of this nature. Significantly, the High Court has not even found a prima facie case to the effect that the order of transfer was either mala fide or in breach of law. The High Court could not have dictated to the employer as to where the respondent should be posted during the period of suspension. Individual hardships are matters for the Union of India, as an employer, to take a dispassionate view.

4.However, we are categorically of the view that the impugned order of the High Court interfering with the order of transfer was in excess of jurisdiction and an improper exercise of judicial power. We are constrained to observe that the impugned order has been passed in breach of the settled principles and precedents which have consistently been enunciated and followed by this Court. The manner in which judicial power has been exercised by the High Court to stall a lawful order of transfer is disquieting. We express our disapproval".

7. The Hon'ble Supreme Court has, in the matter of 'Rajendra Singh & Ors. v. State of Uttar Pradesh & Ors. reported in (2009) 15 Supreme Court Cases 178, held as under:-

"8. A Government Servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to the other. Transfer of an employee is not only an incident inhe