Case Note & Summary
The petitioner, an Executive Engineer in the Public Works Department of Maharashtra, challenged his transfer order dated 31.5.2011 from Jalna to Yeotmal. He had been appointed as Junior Engineer in 1978, promoted to Executive Engineer in 2005, and posted to an executive post at Jalna on 14.6.2010. Before completing one year, he was transferred to Yeotmal, and respondent no.3 was posted in his place. The petitioner approached the Maharashtra Administrative Tribunal, which initially granted status quo but later dismissed his Original Application on 29.7.2011. Aggrieved, he filed the present writ petition. The High Court noted that the petitioner had been given non-executive posts from 2005 until June 2010, and his first executive posting was at Jalna. The court observed that transfer is an incident of service and courts should not interfere unless the order is malafide or contrary to statutory rules. The petitioner's short tenure and allegations of malafides were not sufficient to warrant interference. The court also noted that two posts were vacant at Aurangabad, but the petitioner had not made any request for transfer there. The petition was dismissed, and the transfer order was upheld.
Headnote
A) Service Law - Transfer - Administrative Exigency - Transfer order challenged on ground of short tenure and malafides - Petitioner was transferred before completing one year at the post - Court held that transfer is an incident of service and courts should not interfere unless malafide or contrary to statutory rules - Held that the transfer was necessitated by administrative exigency and the petition was dismissed (Paras 1-4).
Issue of Consideration
Whether the transfer order dated 31.5.2011 transferring the petitioner from Jalna to Yeotmal is liable to be quashed on grounds of short tenure and alleged malafides.
Final Decision
Writ petition dismissed. Transfer order dated 31.5.2011 upheld.
Law Points
- Transfer is an incident of service
- Courts should not interfere with transfer orders unless malafide or contrary to statutory rules
- Short tenure does not vitiate transfer
- Administrative exigency is a valid ground for transfer
