IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THIS THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.27598 of 2014 Between:
K.M.Fakruddin and 7 others . PETITIONERS And The APSRTC, rep.by its Regional Manager, Anantapur Region, Anantapur and 3 others . RESPONDENTS THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.27598 of 2014
ORDER:
Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondents.
The writ petition is filed seeking a Mandamus declaring the transfer proceedings dated 22.08.2014 and consequential relieving proceedings dated 06.09.2014 passed by the respondent Corporation as illegal, arbitrary and violative of principles of natural justice and to direct the respondents to continue the petitioners in the 2nd respondent Depot.
It is submitted by the petitioners that in the transfer proceedings it is mentioned that only juniors are transferred and the seniors who stayed for number of years in Guntakal Depot have not been transferred, therefore, according to the petitioners their transfers are illegal. The version of the petitioners is that if any administrative exigency arises, only the seniors have to be transferred, but not the juniors. It is further submitted that the transfers are not on administrative grounds, there are no allegations against any of the petitioners, only to victimize the petitioners they are being transferred frequently from one depot to another depot which causes them much hardship.
The respondent Corporation filed counter affidavit stoutly opposing the writ petition. It is contended that on account of curtailment of services in Guntakal Depot, five Shramiks and 3 Mechanics were found to be in excess by August 2014. As per the instructions in force, whenever the staff is found excess in any depot, the junior most staff of the respective category shall be transferred to the depots where there was shortage. Accordingly, petitioners 1 to 3 who are junior most staff of the respective category are transferred from Guntakal Depot to Anantapur Depot where there was shortage of five mechanics. Petitioners 4 to 8 who are junior most Shramiks of Guntakal Depot were transferred to Kalyandurg and Gooty Depots on similar grounds. It is contended that the petitioners are holding Regional Level posts and their transfers will be within the region, and they can be transferred to any place within the region for which the petitioners cannot raise any objection. It is further contended that the transfers of the petitioners are wholly on administrative grounds and were made to meet the exigency of the work and therefore, the same cannot be questioned by the petitioners under Article 226 of the Constitution of India. Contending as above, the respondents sought to dismiss the writ petition.
It is submitted by the learned counsel appearing for the petitioners that though there are seniors available in the respective Depots, the petitioners were transferred, which is arbitrary in nature and therefore, a direction be issued to the respondent Corporation to cancel the transfer orders and retain the petitioners at their respective work places.
On the other hand, the learned standing counsel appearing for the respondents submits that since the transfers of the petitioners are made on administrative grounds and in view of exigency of work, the same being not in violation of any rule or statute, the writ petition itself is not maintainable.
The scope of the judicial review in the matter of transfers is very limited. This Court exercises judicial review only if the transfer is prompted by mala fides. The transfer is a condition of service and the employee is under obligation to work at the place to which he was transferred and he has no legal right to insist that he would only work at a particular place.
In number of judgments, the Supreme Court held as under:
“Transfer of a government servant appointed to a particular cadre of transferable post from one place to the other is an incident of service. Transfer from one place to other is necessary in public interest and efficiency in the public administration. The government servant has no vested right to remain posted at a place of his choice, nor can he insist that he must be posted at one place or the other because no Government can function in such manner. The Courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fides”.
The law is well established that when an employee accepts a transferable post, he cannot at a later point of time urge that he has to be retained or posted at a particular place even the transfer may cause hardship to him. The only ground on which the order of transfer can be challenged by an employee or when the transfer is the result of mala fide exercise of power by the employer or if it is made in violation of mandatory statutory rule. The ground of inconvenience or hardship cannot be urged in a writ petition to exercise the power of judicial review under Article 226 of the Constitution of India in the matter of transfer.
In the instant case, the petitioners can be transferred to any of the Depots within the region. They accepted the said condition and joined the service. The petitioners did not specifically allege any mala fide exercise of power by the respondent Corporation though they submitted that the transfer orders are arbitrary and illegal. As per the law laid down by the Hon’ble Supreme Court, highly convincing and reliable evidence has to be placed on record by the petitioners who attribute mala fides to the employer in the matter of transfer. The material produced by the petitioners though shows that the transfers causes some hardship to them, it does not show that the transfers are the result of mala fide exercise of power by the respondent Corporation.
I do not see any ground to exercise the power of judicial review under Article 226 of the Constitution of India to interfere with the transfer orders passed by the respondent Corporation. The Writ Petition is therefore dismissed without any order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 12.11.2014 Dsr