Government employees lack a vested right to remain at their posting, and transfers are dictated by administrative needs.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application has been filed under Section 19 of the Administrative Tribunal’s Act . 1985 to claim the following reliefs:

“(i) ISSUE A WRIT OF CERTIORARI or any other order quashing the Impugned Orders No. CSB- 6(3)/2024-ES.II dated 1^st January, 2025 and with respect to the applicant Order No.CSB- 17(39)/2011-ES.I/Vol.II Dated 14.02.2025 & 14.03.2025 passed by the 2nd Respondent which have been produced as ANNEXURE-A1,A6 & A11 and Relief Order No.CSB/NSSO/YRL/2025-ES Dated 17.01.2025 (Annexure-A2) passed by the 3rd Respondent, as the said orders are illegal, unjust, arbitrary, capricious, and irrational and violate of Articles 14, 16 and 21 of the Constitution of India, apart from being contrary to the principles of rules of natural justice.

(ii) ISSUE A WRIT OF MANDAMUS or any other appropriate Writ, Order, or Direction, directing the Respondents to consider the Applicant's plea for posting either to Mysore, or to retain in any units at Bangalore. At least consider his posting anywhere in Karnataka in accordance with the guidelines contained in DoPT's O.M dated 2.07.2015 as well as CSB Transfer Policy 2018.

(iii) Pass any such other orders or issue such other directions as this Hon'ble Tribunal deems fit in the facts & circumstances of the case in the interest of justice and equity.”

2. The reliefs are claimed based on the grounds as mentioned in paragraphs 5(a)(1) to (6) of the Original Application. The brief facts of the case of the applicant, as mentioned in the synopsis of the O. A are that the applicant is aggrieved by the impugned order No. CSB- 6(3)/2024-ES.II dated 1st January 2025 (Annexure-A1) of Respondents (Central Silk Board) who have transferred the applicant from Bangalore (Karnataka) to Berhampore (West Bengal) on promotion, and he was relieved by the Respondent No.3 vide order No.CSB/NSSO/YRL/2025-ES Dated 17.01.2025 (Annexure-A2). The applicant submitted two representations dated 16.01.2025 (A-3) & 20.01.2025 (A-4), but no decision was communicated by the Respondents. Hence, the applicant came before this Tribunal seeking relief vide OA No.62/2025, which came to be disposed of on 29.01.2025 (A5) with the directions to the Respondents to decide the aforesaid two representations within a period of one month. Accordingly, Respondent No.2 informed vide Memorandum No. CSB- 17(39)/2011-ES.I/Vol.II dated 14.02.2025 (Annexure-A6) stating that the Competent Authority has not accepted his request due to urgent requirement of Assistant Director(A&A) at CSR&TI Berhampore (W.B).

3. The applicant further submitted a representation dated 01.03.2025 (A10) for re-consideration on the additional grounds as narrated in his representation, which came to be disposed by the 2nd Respondent vide Intimation No.CSB-17(39)/2011-ES.I/Vol. II dated 14.03.2025 (A11) stating that the reply given to earlier representations still holds good. The present Writ Petition is being filed under the change in circumstances, arising fresh cause of action as narrated in the foregoing paras.

4. The applicant submits that due to the deliberate denial by the Respondent Board either to transfer him to Mysore or to retain him in Bangalore, despite having clear vacancies at both places. This will also hamper his official duties apart from his personal family life. Hence, totally aggrieved by the orders passed by the Respondents, the applicant has approached this Tribunal for relief as sought for

5. On notice, respondents have filed their reply and the applicant has not filed any rejoinder.

6. When the case came up for final hearing on 03.11.2025,