ABDUL BASHEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Petition is directed against the transfer order dated 18-4-1983 by which the Petitioner has been transferred from Ramnagar to Nagamangala. He is an employee of the *W.P. No77783 of l984 Dated 31at July 1984 Department of Industries and Commerce. He holds the post of Assistant Training Instructor at the Artisan Training Centre, Ramanagar. The said order is said to be illegal and therefore not enforceable against him inasmuch as it is opposed to the policy enunciated by the Government in what purports to be the clarification circular issued by the Chief Secretary to the Government .Such clarifications have been issued from time to time, the one on which he strongly relies upon is dated 11-3-1983, a copy of which is at Annexure-E.

(2.) These Official Memorandums have fallen for consideration before this Court in a number of other cases earlier. This Court has taken the view that these are no more than declarations of policy and governs the relationship between the Government at the higher level and the other subordinate officers who have the power to make transfers. It has also been held by this Court that these do not confer any statutory right on the employees to stay for any particular length of time at a particular place of posting in view of the minimum and maximum periods stated in the memorandums. On that score this Petition is liable to be rejected.

(3.) However, Mr. Savanur, Learned Counsel drew my attention to the decision of the Supreme Court in the case of State of Uttar Pradesh -vs- Chandramohan AIR1977 SC 2411 , 1977 LablC1923 , (1978 )I LLJ6 SC , (1977 )4 SCC345 , [1978 ]1 SCR521 . It has been observed therein that if instructions of the Government in any form do not violate any provision of the Act or of the Rules which fell for consideration before the Supreme Court, then those instructions should be held to be binding on the Government, It was so stated having regard to the rigour of the Rule and the object of the instructions which was to eliminate that rigour.