C.B. Pandey vs State of M.P.

Sujoy Paul, Judge

Petitioner is aggrieved by his transfer from the office of District Education Officer Shivpuri to Government Higher Secondary School Magroni Shivpuri on the ground that his wife is Lecturer at Shivpuri and husband and wife should be posted at the same place as per policy. Distance of two places is 55 km. Petitioner''s son is under depression and getting treatment from Gwalior, another Lecturer has completed more than 03 years on deputation and, therefore, he should have been repatriated rather to transfer the petitioner. This is settled in law that transfer order can be interfered with only if it runs contrary to the statutory provision, proved to be a malafide one, changes service conditions of an employee to his detriment or issued by an incompetent authority. Mere violation of transfer policy, will not render transfer order as illegal. The Division Bench of this Court reported in ILR (2007) M.P 1329 [R.S. Choudhary Vs. State of M.P] held as under:-

In view of the aforesaid pronunciation of law by the Apex Court in several cases, which we have referred hereinabove, we are of the considered opinion that the transfer policy formulated by the State is not enforceable as the employee does have a right and the Courts have limited jurisdiction to interfere in the order of transfer. The Court can interfere if there is violation of mandatory statutory rule or if the action of the Government is capricious, malicious, cavalier and fanciful. What would constitute these components that would depend on facts of each case as the same can be neither illustratively or exhaustively stated. In fact, that is not warrantable to be stated. We proceed to hold that in case an order of transfer is assailed on the ground that there has been violation of the policy, the proper remedy is to approach the authorities by pointing out the violation and it is expected of the authorities to deal with the same keeping in mind the policy guidelines with utmost objectivity.

(Emphasis supplied)

The Apex Court in Union of India and Others Vs. S.L. Abbas, ] held as under:

7..... The guidelines say that as far as possible, husband and wife must be posted at the same place. The said guideline however does not confer upon the Government employee a legally enforceable right.

On the basis of aforesaid principles, I find no reason to interfere in the present matter. More so, when petitioner is posted here in the present place 2004. Transfer is a condition of service. Whenever an employee is transferred, it causes inconvenience, but said inconvenience cannot be said to be a ground to interfere. Interference is declined. However, this will not preclude the petitioner to avail departmental remedy.