Transfer orders in public interest are administrative duties of authorities, requiring no court interference unless there is clear evidence of mala fides or violation of statutory provisions.

ORDER

Per Mr. Suchitto Kumar Das, Administrative Member :

1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and as no complicated question of law is involved this matter is taken up for disposal.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief(s):

“a) To quash and/or set aside the impugned Movement Order dated 10th April, 2024 without issuance any transfer order against the applicant from Garrison Engineer (AF) Barrackpore to Garrison Engineer (I) (AF) Shillong being Annexure A-4 of this original application.

b) To quash and/or set aside the impugned order dated 25th July, 2024 which was communicated to the present applicant vide office order dated 27th July, 2024 being Annexure A-6 and A-7 of this original application and the impugned movement order dated 10th April, 2024 (A-4) wherein without reviewing the movement order of the applicant by transferring her from Garrison Engineer (AF) Barrackpore to Garrison Engineer (I) (AF) Shillong, they have only extended the tenure of the applicant upto 31st December, 2024 which is utter violation of their own Policy and not only that the place where your applicant has directed to join duty at Garrison Engineer (I)(AF) Shillong, in terms of Annexure A-1 of this original application it will be cleared that the vacancy of MATE and FGM has already been declare surplus and under any circumstances, the impugned movement order dated 10th April, 2024 cannot be sustainable as because there is no such post of MATE (FGM) at Garrison Engineer (I) (AF) Shillong and such post has already been declared surplus.

c) To quash and/or set aside the impugned final office order dated 27.12.2024 & 30.12.24 issued by the office of Chief Engineer whereby and whereunder they have rejected the request of the present applicant for retaining her at Barrackpore without giving any details being Annexure A-12 of this original application.

d) To declare that the action on the part of the respondent authority by issuing the Movement Order dated 10th April, 2024 without issuance any transfer/posting order by directing the applicant to join duty in the post of MATE (FGM) in the office of Garrison Engineer (I) (AF) Shillong against the post which has already been declare surplus which is appearing at Annexure A-1 of this original application by not considering her request to retain her in the office of Garrison Engineer (AF) Barrackpore on the ground of critical illness of her mother by not considering her request in an appropriate manner by violation of the DoP&T's OM dated 30.09.2009 and by issuing the impugned cryptic and rejection order dated 27th December, 2024 by directing the competent authority to release the applicant after 31st December, 2024 is absolutely bad in law and which may be liable to be quashed and/or set aside in the eye of law by directing the competent respondents to allow the present applicant to retain her in the present place of posting at Garrison Engineer (AF) Barrackpore where there is deficiency of staff in the discipline of MATE (FGM) in respect of which your applicant is holding such post after recommendation of the department and your applicant is entitled to retain in such post for the interest of public and for the interest of the administration.”

3. Facts as narrated by the applicant in his O.A are as follows:

The applicant was initially appointed to the post of MATE (FGM) in the Gar