Court No. - 34
Case :- WRIT - A No. - 12978 of 2018 Petitioner :- Vipin Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Shri Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. This writ petition under Article 226 has been filed assailing transfer order dated 18.05.2018 whereby petitioner has been transferred from Government Industrial Training Institute, Ghaziabad to Deoria.
2. It is stated that petitioner is likely to retire after attaining the age of superannuation in January, 2020. Therefore, in view of Government Policy dated 29.03.2018, the persons who have only two years of retirement ought not to have been transferred.
3. The Apex Court has consistently held that the order of transfer can be reviewed in a Court of Law only if it is contrary to rules or is bad on account of mala fide or the authority concerned has no jurisdiction to pass such transfer order.
4. In Mrs. Shilpi Bose and others Vs. State of Bihar & others, AIR 1991 SC 532 dealing with a similar issue, the Apex Court said that even if a transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department.
5. In Union of India and others Vs. S.L. Abbas, AIR 1993 SC 2444, in para 7 of the judgment, Apex Court held as under:
“The said guideline however does not confer upon the Government employee a legally enforceable right.”
6. Since in the case in hand, impugned order of transfer has not been assailed on the ground that it is contrary to rules or is bad on account of mala fide or the authority concerned has no jurisdiction to pass such transfer order, we find no reason to interfere.
7. Dismissed.
Order Date :- 29.5.2018 PS