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PUSHPENDRA SINGH BHATI, YOGENDRA KUMAR PUROHIT
Union Of India – Appellant
Versus
Surendra Kumar S/o Late Shri Mangu Ram – Respondent
JUDGMENT :
Per Dr. Pushpendra Singh Bhati, J:
1. This Special Appeal has been preferred against the order dated 04.04.2024 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.4797/2024, whereby the writ petition filed by the writ petitioner (respondent herein) was allowed.
2. Brief facts of the case, as placed before this Court by Mr.Mukesh Rajpurohit, learned Deputy Solicitor General alongwith Ms.Dimple Purohit appearing on behalf of appellants (respondents in the writ petition) before this Court are that the respondent-writ-petitioner Mr. Surendra Kumar was enrolled in the Indian Air Force on 28.03.2007, and was posted at 33 SU, Air Force Unit, Jodhpur w.e.f. 10.05.2021 for trade duties on a co-locating posting, vide order dated 08.03.2021.
2.1. Thereafter, vide transfer order dated 08.02.2024, the respondent-writ petitioner has been ordered to be posted at 314 TRU (Darbhanga, Bihar) from Jodhpur with effect from 06.05.2024. The respondent-writ petitioner submitted applications before the appellants for cancellation of the said transfer order, on the grounds that his mother was unwell, wife being a government employee (posted at Jodhpur) and his da
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Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
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Judicial interference in employee transfers limited unless mala fide or statutory violation; administrative guidelines not enforceable rights.
Transfer orders must be reasoned, addressing individual representations; mechanical rejections invalid despite administrative exigency.
Transfer orders require reasoned speaking rejection of representations considering individual hardships and policy guidelines.
Transfer of Group 'A' railway officers in administrative interest upheld; no absolute right to spouse posting, Placement Committee approval not mandatory, mid-session/child grounds exhaustible, SC po....
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