Back
AJIT KUMAR
Anupam Srivastava – Appellant
Versus
Uttar Pradesh Power Corporation Ltd. – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Vikas Upadhyay, learned counsel for the petitioner, Sri Vinay Bhushan Upadhyay, learned counsel for the petitioner in connected petition being Writ - A No.- 9702 of 2024, Sri Shivam Shukla, learned counsel for the petitioner in connected petition being Writ - A No.- 10495 of 2024, Sri Prabhakar Awasthi, learned counsel for the petitioner in connected petition being Writ - A No.- 10096 of 2024, Sri Abhishek Srivastava, learned counsel for the corporation, Sri Adarsh Bhushan, learned counsel for the Managing Director, Purvanchal Vidyut Nitaran Nigam Ltd. Varanasi and Sri Manoj Kumar Sriavastava, learned counsel for the Chief Engineer, Prayagraj.
2. In all these connected petitions different transfer orders have been challenged but more or less the grounds are the same for assailing the transfer orders. Hence all the petitions are being heard to be decided by a common judgment.
3. The petition being Writ – A No.- 10189 of 2024 is taken to be leading petition for reference purposes.
4. Petitioners before this Court in Writ – A No.- 10189 of 2024 are employees working in the Purvanchal Vidyut Vitara
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Point of law: Transfer is an incident of service and that a government servant is liable to the transferred to a similar post in the same cadre.
Transfer orders within a company are administrative decisions that can be contested only on grounds of mala fides or clear policy violations, not merely for causing personal inconvenience.
The main legal point established in the judgment is the importance of following the transfer policy and statutory provisions in making transfer decisions, and the binding nature of policies framed by....
Transfer orders violating established seniority rules and adversely affecting employee rights are unlawful, necessitating fresh orders that respect seniority and consider administrative exigencies.
Transfer decisions may prioritize administrative needs over statutory rights; executive guidelines do not impose enforceable rights upon employees regarding transfer policies.
Transfer orders violating seniority jurisdiction are improper; employee rights must be balanced with administrative needs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
