Transfer orders can only be challenged if they are punitive, mala fide, or in violation of statutory provisions.

JUDGMENT

S. N. Pathak, J. - The petitioners have challenged the orders of transfer dated 06.11.2018 {in W.P.(S) No.5979 of 2018} and 03.11.2018 { in W.P.(S) No.5971/2018} respectively, whereby the petitioners, who are working as Junior Data Entry Operator (Trainee) ''Grade E'' have been transferred from CCL Heaquarters to magadh & Amarpali Area (M & A).

2. Mr. Kumar Harsh, learned counsel appearing on behalf of the petitioners submits that the order of transfer is not tenable in the eyes of law as the same has been done with mala fide intention. Learned counsel for the petitioners has assailed the transfer orders on the ground that en mass transfer cannot be termed and treated as a transfer on administrative ground as the transfer orders itself did not disclose any exigencies for such en mas transfer.

3. On the other hand, no counter-affidavit has been filed. Mr. Pooja Kumari, learned counsel appearing on behalf of the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that there is no illegality in the orders of transfer. Learned counsel further argues that already the respondents have considered and passed an order regarding their seniority, T.A, D.A etc. and same shall be regularized as per Rules of the Company.

4. Be that as it may, having gone through the rival submissions of the parties and from perusal of the transfer orders, it appears that altogether 100 persons have been transferred on administrative grounds. It is also stated that Seniority, T.A and D.A. etc. will be regularized as per the Rules of the company. The transfer orders were passed on 03.11.2018 and 06.11.2018, respectively on the dates itself petitioners were released and were directed to report for the duties to the General Manager of Magadh Amrapali Area, but till date these petitioners have not joined the transferred post and instead they have approached this Court, challenging the said orders of transfer. Transfer is an incident of service, no right has accrued to an employee to stay at a particular place. In the present case, no statutory provisions has been violated. The argument advanced by the learned counsel for the petitioner is totally misconceived and not tenable in the eyes of law.

5. Transfer order can be assailed only on the following grounds:-

1. If it has been done by way of punitive measure.

2. If it is mala fide.

3. If it is in violation of statutory provisions.

6. None of the ingredients are attracted in the instant case, no case is made out for interference. However, the petitioners are directed to join the transferred place/post, within a period of 10 days from the date of receipt of a copy of this order. Thereafter, they may file a fresh representation before the concerned respondents for consideration of their cases. On receipt of such representation, the respondents shall pass a reasoned order, within a period of four weeks'', in accordance with law.

7. With the aforesaid observations and directions, writ petitions stand disposed of.