SUDARSHAN KUMAR MISHRA AND SURESH SETHI Vs. STATE

JUDGEMENT

(1.) SWP No. 1526/2011 CMP No. 2218/2011 Petitioners are substantively holding the posts of Junior Engineers (civil). In terms of Government Order No. 273- PW (Hyd) of 2011 dated 28.07.2011, they have been ordered to be transferred. Petitioners are aggrieved of this order and have challenged the same in this writ petition inter alia on the ground that impugned transfer order, so far as it relates to the petitioners, is not made in the interest of administration; some of the petitioners have not completed minimum tenure of two years at the place of posting wherefrom they have been ordered to be transferred; some persons having more tenure than the petitioners have been retained whereas petitioners have been ordered to be transferred. It is also stated that petitioners have been ordered to be transferred in malafide exercise of power, inasmuch as, in terms of impugned order they have been deemed to have been relieved from their present place of posting with immediate effect.

(2.) Reply affidavit/objections have been filed. Paragraph 2 and 3 thereof is taken note of:

(3.) SWP no. 1583/2011 CMP No. 2312/2011 Petitioner has been ordered to be transferred in terms of impugned order and this petition is filed on the ground that petitioner has been subjected to frequent transfers and State has formulated policy to govern and regulate the power of transfer and posting which is notified vide Government order No. 861-GAD of 2010 dated 28.07.2010. It is submitted that in a period of less than two years petitioner has been subjected to transfer more than four times.