Case Note & Summary
The petitioners, 24 employees of MOIL Limited, a public sector undertaking, filed a writ petition challenging their transfer orders issued by the management. The petitioners were working in various capacities such as Chief Manager, Senior Manager, Manager, etc., at different mines of MOIL. They alleged that the transfer orders were arbitrary, discriminatory, and violative of the company's transfer policy. The petitioners contended that the transfers were made without following the prescribed policy, which required consideration of factors like tenure, family circumstances, and medical grounds. They also alleged mala fides on the part of the management. The respondents, MOIL Limited and its officers, defended the transfers stating that they were made in public interest and as per the transfer policy. The High Court examined the transfer policy and the facts of the case. The court noted that the transfer policy provided for transfers based on administrative exigencies and that the petitioners had completed their tenure at their respective stations. The court held that transfer is an incident of service and courts should not interfere unless the order is vitiated by mala fides or violation of statutory rules. The court found no mala fides or violation of the transfer policy. The court also observed that the petitioners had not made out a case of discrimination as other employees had also been transferred. The court dismissed the writ petition, upholding the transfer orders.
Headnote
A) Service Law - Transfer Policy - Discrimination - Transfer orders challenged as arbitrary and discriminatory - Petitioners, employees of MOIL Limited, challenged their transfers to various locations alleging violation of transfer policy and mala fides - Court held that transfer is an incident of service and courts should not interfere unless vitiated by mala fides or violation of statutory rules - Held that the transfer policy was not violated and the transfers were in public interest (Paras 1-26).
Issue of Consideration
Whether the transfer orders of the petitioners were arbitrary, discriminatory, and violative of the transfer policy of MOIL Limited, and whether the High Court should interfere in such matters under writ jurisdiction.
Final Decision
The High Court dismissed the writ petition, upholding the transfer orders as valid and in public interest.
Law Points
- Transfer policy
- Public interest
- Discrimination
- Service conditions
- Writ jurisdiction
