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Judgment
O R D E R
By Mallika Arya, AM.-
The instant original application has been directed against the order dated 11.02.2023 (Annexure A-1) by which the applicant was transferred from Infantry School, Mhow to JL Wing, Belgaum . Prayer has also been made for setting aside the order dated 20.02.2023 (Annexure A-6) whereby his representation has been rejected and also the movement order dated 20.03.2023 (Annexure A-10).
The applicant, who was working as UDC at Infantry School, Mhow, was transferred vide order dated 11.02.2023 under Turn Over Scheme of Defence Civilian Employees. Being aggrieved by the aforesaid order, the applicant has preferred representation dated 12.02.2023 which was rejected by the respondents vide order dated 20.02.2023. Learned counsel for the applicant has submitted that action of the respondents is arbitrary, malafide, unjust and against the Standard Operating Procedure (in short ‘SOP’) with respect to the posting of defence civilian employees of Infantry School, Mhow and JL Wing, Belgaum under the Turn Over Scheme dated 01.01.2023 (Annexure A-3). Referring to para 11(b) of the SOP, the learned counsel for the applicant has submitted that the turn over posting should be made strictly on seniority basis. In the present case, since there are four senior UDCs to the applicant, hence, the action of the respondents being violative of transfer guidelines may be set aside. The learned counsel for the applicant has further submitted that the respondents have also not followed the guidelines contained in para 11 (e) of the SOP and despite producing the relevant documents with regard to his cardiac ailment, the respondents have rejected the representation in an arbitrary manner. Thus, the learned counsel for the applicant has prayed to quash the impugned orders.
The respondents have contested the OA and filed reply stating therein that transfer of the applicant has been made purely in accordance with SOP and he has been transferred as per the functional requirement of the organization. Learned counsel for the respondents has submitted that the SOP comprised nine parameters and the same have been kept in mind while transferring the applicant to JL Wing, Belgaum. The learned counsel for the respondents has further submitted that the four senior persons to the applicant have not been considered for transfer on the ground that one person was due to retire on 31.05.2025, therefore, as per para 8(h) of the SOP, he was not considered for transfer. Another senior person has applied for compassionate ground posting, therefore, he was not considered for transfer. The other two senior persons are in zone of promotion and their names have been forwarded for approval. Therefore, these persons have not been considered for promotion. The learned counsel for the respondents has further submitted that as per para 11(j) of the SOP, the competent authority may transfer or post any defence civilian employee to JL Wing/Infantry School vice versa under Turn Over Scheme. The Learned counsel for the respondents has also submitted that pursuant to the movement order, the applicant has already joined at JL Wing, Belgaum on 02.04.2023. Thus, the respondents have stated that the OA may be dismissed.
Heard both the learned counsel for the parties and perused the pleadings. We have also considered the rival contentions as well as the written submissions of the applicant’s counsel.
It is evident from the record that the transfer of the applicant has been made under the provisions of para 11 of the SOP (Annexure R-3). It is well settled legal position that utmost latitude should be left with the department concerned to enforce discipline, decency and decorum in public service which are indisputably essential to maintain quality of public service and meet untoward administrative exigencies to ensure smooth functioning of the administration. Apart from the other parameters mentioned in para 11 of the SOP, para 11(j) of the said SOP reads as under: -“(j). Since, it has to be decided by the competent authority as and where services of Defence Civilian Employees is required to be utilized, therefore, any Defence Civilian Employee can be posted to JL Wg/Inf School vice versa under turnover scheme and directions of competent authority will be final”
It is noted that the applicant has not availed the posting at JL Wing, Belgaum under Turnover Scheme during last 20 years and has been continuing at Mhow. It is settled by the Hon’ble Apex Court in the case of State of U.P. Vs. Siya Ram and others reported in AIR 2004 SC 4121 that “No Government servant or employee of public undertaking has legal right for being posted at any particular place. Transfer from one place to other is generally a condition of service and the employee has no choice in the matter. Transfer from one place to other is necessary in public interest and efficiency in the public administration. Unless an order of transfer as shown to be an outcome of malafide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the Courts or the Tribunals normally cannot interfere with such orders as a matter of routine.”
Transfer is not only an incident but a condition of service and it should not be interfered with unless shown to be an outcome of malafide exercise of power or violative of any statutory provisions otherwise transfer order is not subject to judicial interference as a matter of routine. It has also been observed by the Hon’ble Apex Court that no Government servant or employee or public undertaking has any legal right to be posted for long at any one particular place.
The Hon’ble Apex Court in the case of High Court of Judicature of Madras Vs. R. Perachi (2011) 12 SCC 137, has been pleased to observe as under:
“23……Transfer of a government servant in a transferable service is a necessary incident of the service career. Assessment of the quality of men is to be made by the superiors taking into account several factors including suitability of the person for a particular post and exigencies of administration. Several imponderables requiring formation of a subjective opinion in that sphere may involved, at times. The only realistic approach is to leave it to the wisdom of the hierarchical superiors to make the decision. Unless the decision is vitiated by mala fides or infraction of any professed norm of principle governing the transfer, which alone can be scrutinized judicially there are no judicially manageable standards of scrutinizing all transfers and the courts lack the necessary expertise for personnel management of all government department. This must be left, in public interest, to the departmental heads subject to the limited judicial scrutiny indicated.”
We take note of the fact that the applicant has already joined at transferred place i.e. JL Wing, Belgaum on 02.04.2023 (Annexure R-8) and this fact has not been denied by the applicant’s counsel.
In view of the above observations and the law laid down the Apex Court, the OA lacks merit and deserves to be dismissed. Accordingly, Original Application No. 148/2023 is dismissed. Consequently, the interim order dated 31.03.2023 stands vacated.
No order as to costs.