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M. V. MURALIDARAN
Sujata Seleibam – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. By consent the main writ petition itself is taken up for final hearing at the admission stage.
2. The writ petition has been filed to quash the impugned transfer order dated 18.7.2022 and to direct the respondents to allow the petitioner to continue at her present place of posting i.e. Jawahar Navodaya Vidyalaya, Bishnupur.
3. Heard Mr. O. Kiranjit, learned counsel for the petitioner and Mr. S. Samarjeet, the learned Central Government Standing Counsel for the respondents.
4. The case of the petitioner is that she was presently working as a Trained Graduate Teacher (English) in Jawahar Navodaya Vidyalaya, Bishnupur and is staying at her quarters inside the JNV, Bishnupur along with her minor daughter and husband. On 31.8.2017, the petitioner was transferred to JNV, Dhemaji, Assam. Challenging the said transfer order, she had filed O.A.No.042/00278 of 2017 before the Central Administrative Tribunal, Guwahati Bench, Guwahati and pursuant to the interim order, her transfer was stayed. However, the OA was dismissed for default due to non-prosecution. After coming to know the dismissal of the OA, the petitioner had filed restoration application in MA.No.53/2022 and 54/2022 and t
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
The court upheld the transfer order and rejection of representation based on the interpretation of the correction order and government guidelines.
Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.
The court affirmed that government employees have no inherent right to be posted at a specific location, and transfer decisions are primarily administrative, subject to limited judicial review.
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Transfer orders based on administrative discretion cannot be challenged unless violating statutory rules or showing mala fides.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
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