Administrative transfers are essential for public service management, and courts typically do not interfere with them unless shown to be arbitrary or influenced by improper motives.

JUDGMENT

The petitioner is a Junior Farm Officer in the Botany Division of the Rubber Research Institute of India. This writ petition is filed seeking to set aside Ext.P2 Office Memorandum by which the petitioner has been transferred and posted to CES, Chethakkal. He has also impugned Ext.P15 order by which the representation filed by him seeking interference with the transfer has been dismissed by the Rubber Board.

2. Short facts are as under:

The petitioner states that he joined the service on the Rubber Board on 11.05.1995 and has completed about 28 years of service. He has worked for about 14 years in various divisions of the Rubber Research Institute of India (‘the RRII’ for brevity) and has accumulated an excellent Annual Performance Appraisal Report (APAR) Grading. As per the Rules prevailing in the RRII, employees with longer outstation services are awarded higher credit points. As on date, he secured 80 credit points, which is much higher than 53 of his colleagues in the cadre of Junior Farm Officers. Instead of transferring employees with fewer credit points, the petitioner has been transferred, which, according to him, is illegal.

2.1. The respondent No. 5, by the very same order, was promoted and transferred to CES, Chethakkal. However, for reasons best known to the respondents, he was permitted to continue in RRII in the post of Farm Officer by drawing salary and allowances for the post of Assistant Farm Manager. The respondents 6 and 7 are all given undue benefits, and though they have fewer credit points, they are retained in the place of their choice. He would refer to the credit points accrued by persons holding the post of Junior Farm Officer as on 31.12.2022, and it has been argued that the petitioner has 80 credit points, which is much higher than all except one.

2.2. He would also highlight the credit points accrued to several employees, and it is contended that even persons with zero or less points are working in their respective hometowns for the past several years without being transferred. It is submitted that a detailed representation was submitted by the petitioner, but the same was rejected by Ext.P15 order. It is on these assertions that this writ petition is filed seeking the following reliefs:

“i) to issue a writ of certiorari or other appropriate writ, direction or order declaring that the Ext P.2 and P.15 orders are illegal and unsustainable;

ii) to issue a writ of certiorari or any other appropriate writ, direction or order quashing Ext P.2, and P.15 orders of transfer;

iii) to issue a writ of certiorari or any other appropriate writ, direction or staying the implementation of Ext P.2, and P.15 orders of transfer; iv) to issue a writ of mandamus or any other appropriate writ, direction or order staying the operation of Ext P.2 and P.15 orders of transfer.

v) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to re -consider Ext P.13 representation in the light of clauses 7,10, 19 and 25 of the Ext P.3 order issued by the 1st respondent.”

3. A counter affidavit has been filed by the respondents. It is stated therein that Ext.P2 Office Memorandum by which the petitioner was transferred was issued under clause 4 of Ext.P3 office order, which regulates the transfers and postings of office and staff. The transfer to the Research Institute is done based on exigencies of service and not to suit the convenience of individuals. The petitioner has been stationed at Kottayam, his home station, continuously from 19.06.2009 onwards. Having garnered more than 13 years of experience in managing a large number of workers, a decision was taken by the management to use the competence of the petitioner to manage the substantial number of workers at Chethakkal. While taking such a decision, the management took note of the shortage of staff in the post of Junior Farm Officer at CES, Chethakkal as well. The unit to which the petitioner has been transferred is merely 40 kms