Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.

ORDER

1.The present OA has been filed by the applicant challenging impugned transfer order dated 01.08.2025 Annexure A-1 ( ) by which he has been transferred from GSI, CR, RHQ, Nagpur to GSI, CR, State Unit:Chhattisgarh, Raipur. The applicant is also challenging impugned communication dated 12.08.2025 Annexure A-1(A)) ( by which the representation of the applicant has been rejected.

2. It is the case of the applicant that impugned transfer order is in gross violation of transfer policy of the department and also in gross violation of DoPT OM dated 30.09.2009 which pertains to spouse posting.

It is submitted that vide order dated 24.12.2024 Annexure A-2 ( ), the applicant was promoted to the post of Administrative officer (Group B, Non Gazetted) and after promotion, he was posted at RHQ, CR, Nagpur. It is submitted that impugned transfer order is violative of clause 4.4 of the Transfer Policy dated 25.07.2016 Annexure A-3 Posting on ( ) which provides that ‘ promotion/Rotational Posting the tenure of an officer shall be minimum for a period of 4 years, to a maximum of 5 years at a single location. It is further submitted that clause 6 of the Transfer Policy provides Transfer Collegiums’‘ and for the purpose of Group ‘B’ Gazetted/JTS/STS, there is a composition of committee which consists of Chairman and four other members. It is submitted that said clause is also violated while transferring the applicant. Further, when the representation/appeal was submitted against the transfer order in terms of clause 12, the same was rejected by unreasoned and cryptic order.

2.1 It is submitted that the wife of the applicant, who is a State Government employee, is working and posted at Nagpur and, therefore, in terms of DoPT OM dated 30.09.2009, it was the duty of the respondents to accommodate the applicant in Nagpur.

2.2 During course of the arguments, learned counsel for the applicant places reliance on the judgment of the Hon’ble High Court of Himachal Pradesh Babita Thakur Vs. State of H.P. in the case of reported 2011 SCC Online HP 2289 in . It is submitted that since the applicant has not completed the normal tenure of posting and on the ground of spouse, he is entitled to retain his posting at Nagpur and, therefore, impugned transfer order and rejection of representation order are liable to be set aside.

3. On the other hand, after notice, the official respondents have filed the reply and submitted that the impugned transfer order is made in public interest i.e. exigencies of service for administrative reasons of functional requirement of Geological Survey of India (in short ‘GSI’)considering the post of Administrative Officer allocated to SU:Chhattisgarh, CR, Raipur is lying vacant at present on resignation of one AO, Shri Sukhdeep Kundal.

3.1 It is further submitted that the transfer order was issued based on recommendation of a well constituted four members collegium under the Chairmanship of ADG (G), PSS, CHQ, Kolkata with 3 senior level officers in the light of para No.6.2 of the Transfer & Placement Policy of GSI, 2016. It is further stated that the applicant is an Administrative Officer working with GSI, which is Group ‘B’ Gazetted post under the Central Government in the General Central Service, Ministerial cadre. The applicant is having total service of 27 years in the department and throughout his career, he has been posted at Nagpur, that too, his home station securing three promotions from his initial appointment in the post of Lower Division Clerk to Upper Division Clerk and Assistant (Group B Non-Gazetted) and further to Group B Non Gazetted post