GH HYDER THOKER Vs. STATE

JUDGEMENT

(1.) PETITIONER a supervisor of Food and Supplies Department posted at Zainapora Shopian is transferred as Supervisor Hawal Grainery District Pulwama by Directorate of Food & Supplies Department vide order dated 1.10.2001 given effect to by Assistant Director of the Department on 3.10.2001 (Annexure -B), This order is under challenge in this petition on the grounds that the order is not in the interest of administration and is passed in colourable exercise of power, malafide and without jurisdiction.

(2.) THE impugned order of transfer of Joint Director Food & Supplies Department dated: 1.10.2001 read with follow up order of Assistant Director (Ane. B) speaks that the transfer is made in the interest of administration. The competence of Joint Director to order the transfer is not questioned. No material, documents are produced or basis is laid in the petition even to ex -facie show that the transfer order has been without jurisdiction or malafide or in colourable exercise of power. Merely because petitioner has been transferred prematurely as alleged is no ground to tinker with the transfer and moreso, when the transfer speaks of having been made in the interest of administration. Mere use of platives in petition that the order is passed in colourable exercise of power, Malafide etc. will not suffice. The transfer is an incident of service and just part of terms and conditions of service. The inconvenience and personal and family problems of the petitioner consequent on the transfer, is a matter for the employer to consider but cannot serve as a legal ground to resist the transfer. A Govt. servant cannot claim to remain in a particular post in absence of his appointment to a specified non -transferable post which is not the case here. In the facts and circumstances of this case, High Court is not justified to exercise its jurisdiction under article 226 in the matter of transfer. (See Vardha Raos Case (AIR 1986 SC 1955) and State of Punjab & Ors., Vs. Joginder Singh Dhatt, (AIR 1993 SC 2486). In result, the petition is dismissed in limine.