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2014 Supreme(Ori) 327
ORISSA HIGH COURT, CUTTACK
B.R. SARANGI, J.
Narendra Kumar Jena - Petitioner
Versus
Orissa Forest Development Corporation & another - Opp. Parties
W.P.(Civil) NOs.8398, 8399 & 8400 OF 2014
Decided on: 26.09.2014
Advocate Appeared
For petitioners: M/s. S.K. Das, S.K. Mishra, & P.K. Behera
For opp. Parties : M/s. S.K. Pattnaik, P.K. Pattnaik, & S.P. Das
The employer has the authority to transfer employees based on administrative exigency and public interest, and courts should not interfere with transfer orders unless they are arbitrary, unreasonable, or violate statutory rules.
Headnote:
Transfer - Class-IV Employees - Rule 26 - The court discussed the transfer of Class-IV employees from one division to another under Rule 26, emphasizing the employer's prerogative to transfer employees based on administrative exigency and public interest. The court cited B. Varadha Rao v. State of Karnataka and others, AIR 1986 SC 1955, and highlighted the distinction between Class-III and Class-IV employees in transfer matters. The court declined to interfere with the transfer orders, stating that they were in line with the service rules and the employer's authority.
Fact of the Case:
The petitioners, Class-IV employees, challenged their transfer orders from one division to another, arguing that the transfers were arbitrary and unreasonable. The court considered the representations of the petitioners and the employer's prerogative to transfer employees based on administrative exigency and public interest.
Finding of the Court:
The court found that the transfer orders were in line with Rule 26 and the employer's authority to transfer employees based on administrative exigency and public interest. It declined to interfere with the transfer orders, stating that they were not arbitrary or unreasonable.
Issues: The issues revolved around the arbitrariness and unreasonableness of the transfer orders for Class-IV employees and the employer's authority to transfer employees based on administrative exigency and public interest.
Ratio Decidendi: The court emphasized the employer's prerogative to transfer employees based on administrative exigency and public interest, citing Rule 26 and the distinction between Class-III and Class-IV employees in transfer matters.
Final Decision: All three writ petitions were dismissed by the court, which declined to interfere with the transfer orders, stating that they were in line with the service rules and the employer's authority.
Judgment
DR. B.R. SARANGI, J.
The petitioners, who are Class-IV employees working under the Divisional Manager, Orissa Forest Development Corporation Ltd.(in short “OFDC”) at Jajpur Road-C Division have filed these petitions challenging the order dated 27.01.2014, vide Annexure-1, transferring them from Jajpur Road-C Division to Jeypore-CKL Division and thereafter by order dated 21.4.2014 from Jeypore-CKL Division to Bhanjanagar-C Division, vide Annexure-2.
2. The short facts of the case in hand are that the petitioners entered into service as labourers on NMR basis under the OFDC. Thereafter their services were regularized from 01.04.1990. While they were discharging their duties at Jajpur Road-C Division, they were transferred to Jeypore-CKL Division, vide Annexure-1 dated 27.01.2014. Challenging the said order of transfer they had approached this Court by filing W.P.(C) Nos. 2423, 2424 and 2425 of 2014 which were disposed of by order dated 27.03.2014 directing opposite party no.1 to consider the representation of the petitioners in the light of the judgment of the apex Court in B. Varadha Rao v. State of Karnataka and others, AIR 1986 SC 1955 with special reference to paragraph-6 of the said judgment. On consideration of the representations, the earlier order dated 27.1.2014 under Annexure-1 transferring them to Jajpur Road-C Division was modified by transferring them to Bhanjanagar-C Division, which has been assailed in the present writ petitions.
3. Mr. S.K. Das, learned counsel for the petitioners, submitted that such modification of the transfer order from Jajpur Road-C Division to Bhanjanagar-C Division is arbitrary and unreasonable in view of the judgment of the apex Court in B. Varadha Rao(supra) in which it was observed in paragraph-6 as follows:
“x x x We wish to add that the position of Class-III and Class IV employees stand on a different footing. We trust that the Government will keep these considerations in view while making an order of transfer.” Therefore, the petitioners being Class-IV employees they should not have been transferred from their place of posting, i.e. Jajpur Road-C Division.
4. Mr. S.K. Pattnaik, learned Senior Counsel appearing for opposite parties while admitting that the petitioners are Class-IV employees argued that there was need of Watchers at Jeypore-CKL Division. The post of Watcher being a transferable job throughout Orissa such transfer was made keeping in view the requirement and smooth management of the work of the corporation. He has referred to Rule 26 of the Service Rules of the Corporation and submitted that by transferring the petitioners, no illegalities or irregularities were committed by the authority, inasmuch the initial order of transfer from Jajpur Road-C Division to Jeypore-CKL Division has been modified on consideration of their representation pursuant to the earlier direction of this Court and they have been reposted in Bhanjanagar-C Division, so as not to cause any prejudice to them. It is further urged that the order of transfer having been made in the commercial and administrative interest of the Corporation, the petitioners have already been relieved from 07.02.2014 to join their modified places of posting. It is further urged that it is the employer’s prerogative to post its employees keeping in view the exigency of service. Therefore, since no irregularity or illegality has been committed by the authorities in posting the petitioners at Bhanjanagar-C Division, this Court may not interfere with the order of transfer, which has been made as per the requirements in new places of posting.
5. It is admitted that the petitioners are Class-IV employees. They were discharging their duties at Jajpur Road-C Division. Due to reduction of work in the said Division and as their services were very much required at Jeypore KCL Division, they were transferred from Jajpur Road-C Division to Jeypore-CKL Division vide Annexure-1 dated 27.01.2014 even though there was need of work
