Transfer of employees is an essential condition of service governed by administrative exigencies, and courts should exercise restraint in interfering with such orders unless they are proven to be illegal or in bad faith.

ORDER:

PULLA KARTHIK, J.

Questioning the impugned Transfer Memo No.1933/Ser.T/A1/2025, dated 24.03.2025, insofar as it relates to the petitioner and the consequential Memo No.675/Estt.A1/2025, dated 24.03.2025 issued by respondent No.3, the present Writ Petition is filed.

2) Heard Sri B.S. Prasad, learned senior counsel, representing M/s. Pearl Law Associates, learned counsel for the petitioner, and learned Additional Advocate General appearing for respondent Nos.1 to 3 and Sri Pushkar Jaiswal, learned counsel, appearing for respondent No.4.

3) Learned senior counsel has submitted that while the petitioner is working as Senior Professor, Department of Agricultural Economics, College of Agriculture, in respondent No.3 viz., Professor Jayashankar Telangana Agricultural University, Rajendranagar, Hyderabad, a Circular Memo No.3188/Ser.T/ A1/2025, dated 18.03.2025 was issued by respondent No.3 calling the eligible Senior Faculty of the University to submit their expression of interest for consideration to the positions of Associate Deans/Associate Directors for Research for better utilization of their experience and expertise for academic management/research administration in the larger interest of the University. All the Senior Faculty with 10 years and above service in the cadre of Professor having more than one year of service of superannuation as on 01.03.2025 were once again requested to submit their Expression of Interest before 21.03.2025. Pursuant to the Circular dated 18.03.2025, the petitioner has submitted her Expression of Interest dated 20.03.2025 to serve as Associate Dean, College of Agriculture, Rajendra Nagar, in view of her left over service of one year two months.

3.1) Learned senior counsel has further contended that earlier while issuing similar circular dated 17.01.2025, respondent No.3 has categorically stipulated criteria No.9, amongst other criteria, stating that the tenure of Associate Deans/Associate Directors Research shall be for a period of Two years from the date of assumption of charge or till retirement whichever is earlier. However, contrary to the criteria at Sl.No.1 of the said Circular, respondent No.3 has posted one Dr.M.Goverdhan as Associate Dean of College of Agriculture, Rajendranagar, who never worked as Teaching Faculty. Learned senior counsel has further contended that as per Circular Memo dated 17.01.2025, the options were to be submitted on or before 24.01.2025. But, without assigning any reason, in the subsequent Circular dated 18.03.2025 the criteria was changed with a malafide intention and ulterior motive to transfer the petitioner and other similarly situated persons, who have completed just one year of service and having the left over service of below two years. Therefore, the action of the respondents is arbitrary, malafide and in violation of the principles of natural justice. Further, as per the guidelines for transfer policy of Parent Department of respondent Nos.2 and 3 and the guidelines of the State Government vide G.O.Rt.No.118, Higher Education (CE) Department, dated 15.07.2024. It is further submitted that the impugned proceeding dated 24.03.2025 was served on the petitioner through WhatsApp while she was attending ZREAC meeting at KVK, Wyra, stating that the petitioner has been transferred as Associate Dean, Agriculture College, Palem, and respondent No.4 is posted in the place of the petitioner, accordingly, respondent No.4 has joined duty in the place of petitioner on 24.03.2025 and consequent upon the same, the petitioner was deemed to have been relieved on 24.03.2025 in the afternoon and the petitioner was asked to handover the complete charge of the post held