Inter-cadre transfer is permissible under the relevant Statutory Rules, and the conditions for employee transfer are governed by specific rules.

ORDER

Sudhir Mittal, J. (Oral). -

CM-12746-2020

1. This application has been filed for vacation of order dated 15.11.2017.

2. With the consent of learned counsel for the parties, the date of hearing in the main case is advanced to today and the same is taken on board today.

CWP-23744-2017

3. The petitioner was initially appointed as Clerk on compassionate grounds in the office of Director Public Instructions (Secondary Education), Punjab. Vide order dated 18.10.2012, he was promoted as Senior Assistant. In the year 2017, he was posted in the Recruitment Branch in the office of respondent No.2 and was given additional charge in Establishment Branch-I vide order dated 21.7.2017.Since then, he was looking after the work of two seats. Vide order dated 29.8.2017, the petitioner was permanently transferred to the Establishment Branch-I.

4. An order dated 19.10.2017, was issued by the office of second respondent, transferring the petitioner to the office of District Education Officer (Elementary Education), Faridkot, against a vacant post. Aggrieved, he preferred this writ petition on the ground that employees in subordinate offices are governed by a different set of Statutory Rules and the transfer order amounts to an inter-cadre transfer, which is not permissible in law.

5. In the written statement, it has been averred that transfer is an incidence of service and no employee can challenge the same, unless, he establishes that the transfer was actuated by mala fides. No mala fides have been asserted or pleaded and thus, the impugned order does not call for any interference. Further, it has been stated that the petitioner has not been substantively transferred to the subordinate office. Even though, the staff of the subordinate office is governed by different set of Rules, an inter-cadre transfer is not barred. The power of transfer is vested in the employer by virtue of Rule 3.17 of the Punjab Civil Services Rules, Volume-I, Part-I and the said Rule does not prohibit an inter-cadre transfer. Further, all employees of the State of Punjab are governed by the Punjab Civil Services (General & Common Conditions of Service) Rules, 1994. According to Rules 9 & 10 thereof, a member of service may be transferred outside the service or even outside the State of Punjab. Still further, it has been stated that order of transfer was passed on account of a report that the petitioner was inefficient. In support of this pleading, office note dated 19.9.2017 has been placed on record as Annexure R-2.

6. Learned counsel for the petitioner has raised two fold arguments. A) an inter-cadre transfer is not permissible in law and B) transfer on account of inefficiency cannot be made in exercise of powers under Rule 3.17 (supra).

I shall deal with second argument first.

Rule 3.17 (supra) is reproduced below:-

'3.17. (a) Government may transfer a Government employee from one post to another; Provided that except

(1) on account of inefficiency or misbehaviour; or

(2) on his written request; a Government employee shall not be transferred substantively to or, except in a case covered by rule 4.22, appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien,

(b) Omitted.

Note l.-In cases covered by clause (a) (2) above the Government employee will have his initial pay fixed under rule 4.4 and, if necessary, under rule 4.10.

Note 2.-Permanent transfer from a higher to a lower scale in anticipation of the abolition of a post is not transfer within the meaning of this rule.

Note 3.-In cases in which it is desired to give to a Government employee an extension of service on the condition that he voluntarily agrees to accept a post in a lower grade, so as not to interfere with the legitimate expectations of his juniors to promotion; the only method is to create a temporary post. Such a step can only be permitted under most exceptional circumstances. It must be regarded as the normal course of events that an extension of service in