Case Note & Summary
The petitioners, who were teachers in Government Technical Schools under the Vocational Education and Training Department, challenged their transfer orders issued by the respondents. They contended that the transfers were made in violation of the Government Resolution dated 30.06.2008, which mandated that transfers should be effected only after considering the representations of the affected employees and passing reasoned orders. The petitioners had submitted representations against their transfers, but the respondents did not consider them and passed mechanical orders. The court examined the Government Resolution and found that the respondents had not complied with its provisions. The court held that the transfer orders were unsustainable and quashed them. However, the court granted liberty to the respondents to pass fresh transfer orders after considering the petitioners' representations and passing reasoned orders in accordance with the Government Resolution. The court also directed that the petitioners be allowed to continue at their present places of posting until fresh orders are passed.
Headnote
A) Service Law - Transfer - Government Resolution dated 30.06.2008 - Validity of Transfer Orders - The petitioners challenged their transfer orders on the ground that they were issued without following the policy laid down in the Government Resolution dated 30.06.2008, which required transfers to be made only after considering representations and passing reasoned orders. The court held that the respondents failed to comply with the said Government Resolution and quashed the transfer orders, directing the respondents to consider the petitioners' representations afresh and pass reasoned orders. (Paras 1-10) B) Administrative Law - Natural Justice - Reasoned Order - Consideration of Representation - The court emphasized that administrative authorities must pass reasoned orders while considering representations against transfer orders, as per the Government Resolution. The failure to do so renders the transfer orders unsustainable. (Paras 5-10)
Issue of Consideration
Whether the transfer orders of the petitioners were valid and in compliance with the Government Resolution dated 30.06.2008, and whether the respondents failed to consider the petitioners' representations in a reasoned manner.
Final Decision
The court allowed the writ petition, quashed the transfer orders, and directed the respondents to consider the petitioners' representations afresh and pass reasoned orders in accordance with the Government Resolution dated 30.06.2008. The petitioners were allowed to continue at their present postings until fresh orders are passed.
Law Points
- Transfer policy
- Government Resolution
- reasoned order
- consideration of representation
- administrative law
- natural justice
