Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN – Appellant
Versus
BEENA RANI P.S. – Respondent
JUDGMENT Sushrut Arvind Dharmadhikari, J The present Original Petition, filed under Article 227 of the Constitution of India , challenges the Order dated 16.04.2025 passed in O.A. No. 180/00145/2025 by the Central Administrative Tribunal, Ernakulam Bench, whereby the Original Application filed by the respondent has been allowed.
2. The petitioners are the respondents in the Original Application, and the respondent herein was the applicant in the Original Application.
3. The respondent is a Trained Graduate Teacher (TGT) in Science at Kendriya Vidyalaya No.1, Naval Base, Kochi, with effect from 21.10.2021. An order of transfer dated 26.03.2025 was issued, whereby she was transferred from Kendriya Vidyalaya No.1, Naval Base, Kochi, to Kendriya Vidyalaya, Chenneerkkara. She stood relieved from Kochi on
26.03.2025 itself to join at Chenneerkkara.
3.1 Being aggrieved by the same, the respondent approached the Tribunal seeking the quashment of Annexures A9 (transfer order) and A10 (relieving order). The respondent challenged the transfer on the ground that she was suffering from certain health issues and was not in a position to perform extra work in the afternoon, as insisted by the third
Transfer orders are valid under administrative exigency unless proven malicious or in violation of statutory provisions.
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
A transfer order was quashed due to failure to comply with procedural requirements of administrative justice as mandated by the Revised Transfer Policy.
Transfer orders are part of service conditions and not subject to judicial review unless malafide or against service rules.
Transfer orders based on administrative exigency are valid unless tainted by mala fides or statutory violations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
