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S.A.DHARMADHIKARI
Arvind Agarwal – Appellant
Versus
State of M. P. – Respondent
ORDER
1. By this petition, under Article 226 of the Constitution of India, challenge has been made to order dated 31.8.2021 (Annexure P/2) passed by the respondent No.2 so also the order dated 9.11.2021 passed by the respondent No.3 rejecting the representation filed by the petitioner.
2. The petitioner is working on the post of Principal, Govt. High Court, Rampur, District Jabalpur, to the Govt. High School, Kirhai Pipariya, District Katni, on administrative grounds.
3. Learned counsel for the petitioner submitted that the impugned transfer order is in blatant violation of the transfer policy. It is submitted that in spite of directions passed by this Court in W.P.No.20568/2021 to consider the representation of the petitioner; however, without considering the grounds raised in the representation, the same has been rejected vide impugned order dated 9.11.2021. It is further submitted that the petitioner was badly affected by the second wave of Covid-19 and he got positive with Covid-19 for which the petitioner has taken long medical treatment at District Jabalpur. Even the petitioner was vaccinated with Remdesivir injection and he is still facing post Covid effects and is suffering f
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
Government servants have no vested right to remain posted at a place of their choice, and interference with transfer orders should be limited to cases of mala fides or violation of specific provision....
The main legal point established in the judgment is that transfer is an incidence of services and should not be interfered with unless mala-fide or something serious is raised by the employee.
Transfer of an employee is an essential condition of service and can only be interfered with in exceptional circumstances. Courts have limited jurisdiction to interfere in transfer matters.
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
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