EDUCATION OFFICER KENDRIYA VIDYALAYA SANGATHAN Vs. S AMMAJAN

JUDGEMENT

(1.) The Education Officer, Kendriya Vidyalaya Sangathan, New Delhi and the Commissioner of the said Sangathan are the petitioners in this writ petition. The writ petition was filed to call for the records in O.A.No. 1105 of 2001 from the Central Administrative Tribunal, Hyderabad Bench, (for short 'the Tribunal') and to declare the order passed therein dt. 5-10-2001 as illegal and untenable and to quash the same.

(2.) Before the Tribunal the transfer order dt. 18-7-2001, issued by the first petitioner herein, whereby Smt. S. Ammajan, first respondent herein, was transferred from Visakhapatnam to Durgapur (West Bengal) was questioned. The said O.A. was filed by said Ammajan to set aside the order insofar as the applicant is concerned as arbitrary, illegal and contrary to the transfer guidelines and in violation of principles of natural justice. A further direction was also sought from the Tribunal to continue the applicant at Visakhapatnam. The Tribunal, on consideration of the entire material placed before it and after hearing the Counsel on either side came to the conclusion that there are no mala fides in the order of transfer to hold that the respondents therein have violated their own guidelines by transferring the applicant who is not the longest stayee. The Tribunal disposed of the O.A. at the admission stage by directing the respondents therein to reconsider the issue keeping in view the observations made in the said order and take a decision within a period of ten days from the date of receipt of a copy of the order. This order is under challenge in this writ petition.

(3.) We heard the Counsel appearing on either side. We are of the opinion that the finding rendered by the Tribunal that the transfer order has been in violation of their own transfer guidelines is incorrect. It is well settled by a catena of decisions that the guidelines issued for transfer are only directory in nature and not mandatory. In this case, the Tribunal has categorically found that there are no mala fides in the order of transfer. This Court in Dr. V. Sivarami Reddy v. State of A.P. held that when there are no mala fides in the transfer order, the Tribunal cannot interfere with transfer orders and pass any order affecting a person who is not a party to the application. A Division Bench of Kerala High Court, to which one of us (Hon'ble the Chief Justice) was a member, in Sashikumar v. State of Kerala, considered an identical issue and observed as under: It is a settled law that the management has got power to transfer an employee from one place to another and from one unit to another unit. Thus, the transfer of an employee is part of conditions of service and the employees are bound to obey the orders of transfer and work in the place where they have been transferred and posted. Transferability from one establishment to another is an incident of service and that the employer is the best judge to decide upon the utilisation and distribution of its manpower, amongst various units and places. Courts and Tribunals cannot also properly assess or adjudicate effectively the reasons given for transfer of employees. The decision of the employers in such cases is conclusive and that except in the rarest of rare cases Courts should not interfere with transfer.