JIT SINGH MALLAH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner was transferred from Muktsar to Zira, at his own request. Three days after the order of transfer when the petitioner had taken charge at Zira, the said transfer order has been cancelled. The net result is that the petitioner would continue at Muktsar.

(2.) Learned counsel for the petitioner submits that the request of the petitioner was accepted and he had been actually transferred to Zira and the respondents could not have ordered the cancellation of his transfer order. Furthermore, Jagtar Singh Multani had also been transferred from Zira to Muktsar at his own request. Now again at his request, transfer order has been cancelled. According to the learned counsel, the action of the respondents is arbitrary and violative of the Government policy instructions contained in Annexure P-11.

(3.) We are unable to accept any of the submissions made by the learned counsel. Firstly, the petitioner being a Government servant has no inherent right to choose the place of his posting. Secondly, the instructions relied upon by the petitioner are mere guidelines. The said guidelines cannot said to be mandatory and do not, therefore, create any legal right in favour of the petitioner. This question has been specifically considered by the B. Varadha Rao v. State of Karnataka and others, 1986 AIR(SC) 1955 wherein it has been clearly held that the guidelines such as Annexure P-11 do not confer any legal right on an employee. The transfer of an employee is not only an incident of service but a condition of service as well. It is the prerogative of the authorities concerned and this Court is not to normally interfere except when it is shown to be vitiated by mala fides or is in violation of a statutory provision or has been passed by an incompetent authority. None of the said factors has been shown or even pleaded in the present case. We are also of the opinion that the order passed by the respondents is purely administrative in nature and, therefore, cannot be termed as either arbitrary or whimsical.