NISHCHAL JHARIA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER Nishchal Jharia is present in person. Petitioner submits that his transfer from Gwalior to Sagar is bad in law because he is subjected to frequent transfer. By placing reliance on Annexure P -3 dated 27.9.2011, the petitioner submits that he was transferred from Panna to Gwalior and joined in the month of October 2011. He got his children admitted in the schools at Gwalior and within a short span of time he has been transferred again. Petitioner submits that the transfer order is passed after the cut off date provided in the transfer policy. No other point is pressed by the petitioner.

(2.) IN B. Varadha Rao Vs. State of Karnataka and others reported in : (1986) 4 SCC 131, the Supreme Court has held that frequent transfer of class -3 and class -4 employees uproot their family. Relevant portion of it reads as under: -

(3.) TRANSFER is a condition of service. Transfer order can be interfered with only when it runs contrary to the statutory provision, changes the service conditions of an employee to his detriment, issued by an incompetent authority or the transfer order is proved to be a malafide one, etc.