Nambala Veerabhadar Rao v. The Union Of India,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No. 40796 OF 2015 Date: 18.02.2016 Between:

Nambala Veerabhadar Rao, Yanam.

..... Petitioner And:

The Union of India, Rep. by its Secretary, Ministry of Human Resource Development, New Delhi & Others.

.....Respondents Counsel for the Petitioner: Sri P.R.K. Amarendra Kumar Counsel for Respondent No.1: Smt. Anjali Agarwal Counsel for Respondent No.2: -- Counsel for Respondent No.3: Sri Aka Venkataramana for Sri N. Srinatha Rao The Court made the following:

ORDER (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who is working as Socially Useful Productive Work Teacher at Jawahar Navodaya Vidyalaya, Yanam, Union Territory of Pondicherry, filed O.A.No.020/00969/2014 assailing his transfer order to a place in Karnataka.

After thorough consideration of the pleadings and material on record, the Tribunal has concluded and in our view rightly that the petitioner, who is allowed to work at Yanam for as long as 10 years, is not entitled to insist that he should be allowed to continue there any longer.

The law is well settled that transfer is an incidence of service and the Courts seldom interfere with such transfer unless they are actuated by mala fides or arbitrary exercise of power. The very fact that the petitioner was allowed to work at Yanam for 10 years would disentitle him to express any grievance against his transfer.

We do not therefore find any merit in this writ petition and the same is accordingly dismissed.

As a sequel to the dismissal of the writ petition, W.P.M.P.Nos.52668 and 54297 of 2015 and 2235 of 2016 shall stand disposed of as infructuous.

_____________________________ C.V.NAGARJUNA REDDY, J _____________________________ M.S.K.JAISWAL, J Date: 18.02.2016 va