KAMESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts of these cases are common and there are only some minor differences which are not relevant. We shall take up the facts of one of the petitions viz C. W. J. C. No. 4638 of 1987. The petitioner therein claims that the order of transfer, issued by the Additional Director. Family Welfare, by which the petitioner has been transferred from one district to another is illegal and void. It is to be pointed out that in these cases the petitioners are working as Basic Health Worker and they have not obtained any promotion or any Selection Grade, whether junior or senior.

(2.) In support of their contentions it was submitted that their appointments to the post was not transferable in the sense that they could be transferred from one place in one district to another place in the same district but they cannot be posted from one district to another.

(3.) Service under the Government is generally transferable and the Government is entitled to transfer any person in the interest of administration unless it is shown that it is not transferable post or that the transfer is mala fide. The law in this respect has been laid down in a recent decision of Supreme Court in the case of Mrs. Shilpi Base and others v. The State of Bihar and others reported in AIR 1991 SC 532 as follows :