Employment transfers are administrative decisions and cannot be routinely challenged unless shown to be mala fide or in violation of statutory rules.

ORDER

As per Mr. Rajinder Singh Dogra, Member (J):

1. The instant petition has been filed by ld. counsel for the applicant seeking following relief:

i. Allow the instant Original Application.

ii. Quash Govt. order No. 207-JK(FST) of 2025 POOJA dated 30.09.2025 by virtue of which, the c, applicant has been prematurely and in violation of transfer policy framed by the Govt. by virtue of Govt. Order no. 861-GAD of 2010 dated 28.07.2010 which in turn is based upon cabinet decision No. 156/12/210 dated 27.07.2010, in as much as, para-C (1) of the aforesaid Transfer Policy provides that the minimum tenure of a govt. employee on a post shall be two years and sub para 4 of para-C in turn provides that a govt. employee can be transferred prematurely provided only if (i) The performance of the employee is found to be below job requirement, if there are grounds for initiating enquiry or disciplinary proceedings against him/her' or; (ii) It is not in public interest or in the interest of administration to allow the employee to continue on a post for a full tenure; or (iii) The transfer is sought on health grounds supported by medical certificates issued by the duly constituted Medical Boards such transfers shall be made with the prior approval of the Minister Incharge after recording reasons for the same.

Whereas, the applicant has been transferred from the post of Divisional Forest Officer, Forest Division Basholi only after a period of one year and eight months, that too having not been transferred prematurely on account of performance and not having been Incharge and without recording any reasons, as required under para-C sub para 4 of the transfer policy and also on the ground that the same is in violation of the transfer policy reiterated vide Govt. Order no. 948-JK(GAD) of 2020 dated 15.10.2020 which in clear and categoric terms provides that calendar for effecting transfers only in the month of April every year is required to be mandatorily followed while effecting transfers of govt. employee and the aforesaid order further provides that any transfer which is sought to be effected on administrative grounds beyond the notified calendar i.e. April every year, shall be effected only with the prior approval of the Lt. Governor, whereas the applicant has been transferred in violation of the calendar provided for transfer i.e. April every year and that too in the month of September, without seeking any approval from the Hon'ble Lt. Governor of UT of J&K.

iii. ANY other order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.

2. Heard learned counsel for the parties.

3. Vide order dated 06.10.2025 passed by this Tribunal, was directed to produce record and with further direction to the respondents to maintain the status quo of the applicant.

4. Today, Mr. Sudesh Magotra, ld. AAG has produced the record. On perusal of record, we found that the transfer of the applicant is not a single transfer. There were total 42 persons who have been transferred and the competent authority/Minister concerned has approved this order of transfer.

5. The Hon’ble Apex Court has already held in so many cases that the Policy framed by the State regarding the Transfer is simply is the guideline and it has no legal force. It is the prerogative of the employer/management to post any employee anywhere in the exigencies of the service. Some of the cases are mentioned below:

6. In Natinal Hydroelectric Power Corpn. Ltd. Vs. Shri Bhagwan ,, (2001) 8 SCC 574 , it has been held that:-

“……………………No Government servant or employee of a public undertaking has any legal right to be posted forever at any