Madhya Pradesh High Court
Rajmal Rathore vs M.P. Power Transmission Co. Ltd. on 18 October, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 18 th OF OCTOBER, 2022
WRIT PETITION No. 24074 of 2022
BETWEEN:-
RAJMAL RATHORE S/O SHRI GIRDHARILAL, AGED
ABOUT 58 YEARS, OCCUPATION: SERVICE 220, K V SUB
STATION JAORA, DISTRICT RATLAM (MADHYA
PRADESH)
.....PETITIONER
(MS. SWATI UKHALE, LEARNED COUNSEL FOR THE PETITIONER).
AND
1. M.P. POWER TRANSMISSION CO. LTD. CHIEF
ENGINEER (CORPORATE AFFAIRS) M.P. POWER
TRANSMISSION CO. LTD. RAMPUR, JABALPUR
(MADHYA PRADESH)
2. THE WUPERINTENDENT ENGINEER (T AND C)
M.P. PWOER TANSMISSION CO. LTD. RAMPUR
DISTRICT JABALPUR (MADHYA PRADESH)
3. THE EXECUTIVE ENGINEER (TESTING)
M.P.P.T.CO. LTD. DISTRICT RATLAM (MADHYA
PRADESH)
4. THE EXECUTIVE ENGINEER (TESTING)
M.P.P.T.CO. LTD. DISTRICT RATLAM (MADHYA
PRADESH)
5. THE ASSISTANT ENGINEER 220 KV SUBSTATION
MPPTCL. JAORA (MADHYA PRADESH)
.....RESPONDENTS
This petition coming on for orders this day, the court passed the following:
ORDER
The petitioner is challenging the rejection of the order dated 13/10/2022
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 18-10-2022
18:10:51
passed by the respondents whereby the representation of the petitioner against
the transfer order has been rejected.
The petitioner earlier filed a writ petition challenging the transfer order dated
18/8/2022 whereby the petitioner has been transferred from Testing Division,
Ratlam to Civil Division, Ujjain. The order was challenged mainly on the ground
that the petitioner's wife is suffering from acute kidney failure and his children
are studying in Jaora, Ratlam. The said petition was disposed off with a
direction to the respondent No.1 to consider and decide the representation of
the petitioner. By the impugned order, the respondents have decided the
representation of the petitioner and the same has been rejected on the ground
that the petitioner has been transferred from the present place of posting to the
Ujjain office on administrative ground.
Further posting of Indore would facilitate the petitioner for treatment of his
wife and education of his children. Transfer is an incident of service and the
scope of interference against the transfer order is no longer res integra.
Law relating to scope of interference in the transfer matter is no longer
res integra, as held by the Supreme Court in the cases of Gujrat Electricity
Board and another vs. Atmaram Sungomal Poshani, (1989) 2 SCC 602;
Union of India and others vs. S.L. Abbas, AIR 1993 SC 2444 and the
judgment passed by a Division Bench of this Court in the case of R.S.
Choudhary vs. State of M.P. and others, 2007(2) ILR MP Series 1329 , the
transfer is an incidence of service and the transfer order can only be interfered
by the Court of law if the transfer is issued in violation of the statutory rules or
the order suffers from malafide exercise of power.
The Supreme Court in the case of State of U.P. and another Vs. Siya Ram
and another (2004) 7 SCC 405 ruled that an employee should be posted
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 18-10-2022
18:10:51
where it has to be decided by the employer and an employee has no right to
claim posting at a particular place. The relevant extract reads as under :-
"5. The High Court while exercising jurisdiction under
Articles 226 and 227 of the Constitution of India had
gone into the question as to whether the transfer was
in the interest of public service. That would essentially
require factual adjudication and invariably depend
up o n peculiar facts and circumstances of the case
concerned. No government servant or employee of a
public undertaking has any legal right to be posted
forever at any one particular place or place of his
choice since transfer of a particular employee
appointed to the class or category of transferable
posts from one place to other is not only an incident,
but a condition of service, necessary too in public
interest and efficiency in the public administration.
Unless an order of transfer is shown to be an
outcome of mala fide exercise or stated to be in
violation of statutory provisions prohibiting any such
transfer, the courts or the tribunals normally cannot
interfere with such orders as a matter of routine, as
though they were appellate authorities substituting
t h e i r own decision for that of the
employer/management, as against such orders passed
in the interest of administrative exigencies of the
service concerned. This position was highlighted by
this Court in National Hydroelectric Power
Corpn.Ltd. v. Shri Bhagwan, (2001) 8 SCC574.
The petitioner has failed to make out any case warranting interference
under Article 226 of the Constitution of India. In the instant petition, the
petitioner could not establish any breach of statutory rule or a case of malafide.
For the aforesaid reason, writ petition is dismissed.
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 18-10-2022
18:10:51
(VIJAY KUMAR SHUKLA)
JUDGE
Pramod
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 18-10-2022
18:10:51
