Shri. Sudhakar Malappan v. Union Of India Through The Commissioner And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10875 OF 2018 Sudhakar Malappan ...

Petitioner versus Union of India and Ors.

...

Respondents Mr. Vicky A. Nagrani, for Petitioner.

Ms. Neeta Masurkar with Ms. N. Masurkar, for Respondents. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 19 th JUNE, 2019 P.C.:

1.

The Petitioner has challenged the Judgment of the Central Administrative Tribunal, Mumbai ("the Tribunal" for short), by which the Petitioner's Original Application came to be dismissed. The Petitioner is a teacher working in Navodaya Vidyalaya School. The Petitioner has challenged his order of transfer from Nanded to Bhandara. The Tribunal referred to large number of decisions of the Supreme Court essentially holding that in the question of transfer by the employer, the Court would have limited role to play. The Tribunal also noted the decision of the Supreme Court in the case of Shilpi Bose V/s. State of Bihar in which the Supreme Court has observed that unless an order of transfer is malafide or against the mandatory statutory provisions, the same should not be interferred with. 1991 Supp. (2) SCC 659 SSP 1/2

3 wp 10875 of 2018.doc 2.

We do not find that the Petitioner has made out any ground of malafide or breach of mandatory statutory provisions preventing such transfer. The Petitioner undoubtedly holds transferable post. Occasion to transfer him also arose after allowing him to discharge duties at one station for 10 years. It is for the administration to judge which person should be posted at which place. A person holding transferable post has no indefeasible right to continue at a particular station. Under the circumstances, the Petition is dismissed. Interim relief granted earlier vacated. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2