J K DAVE Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
J K Dave
STATE OF GUJARAT
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(1.)Should the Court interfere in matters of transfer of a Government servant or of an employee engaged by any other instrumentality of the `State as defined in Art. 12 of the Constitution of India ? In view of the decision of the Supreme Court and that of the Division Bench of this High Court does the question not require re-thinking and fresh approach ? It is not time for us to turn the search-light to our ownselves and make a little introspection ? The aforesaid questions need to be examined and answered in this petition wherein a lecturer of a college has challenged the legality and validity of the order of his transfer.
(2.)The petitioner is serving as lecturer in sociology At Government Arts and Science College Gandhinagar. He is ordered to be transferred to Dharmandrasinhji Arts College Rajkot. The petitioner challenges the legality and validity of the order of transfer. It is contended that there are three to four other lecturers who are in Ahmedabad and/or Gandhinagar colleges for a period of about 15 to 18 years. They have not been transferred while the petitioner who has put in lesser number of years of service at Gandhinagar has been ordered to be transferred. There is no merit in this submission Transfer is not to be made on the basis of seniority of employees or on the basis of a serial order to be arranged according to length of service at a particular place. `Transfer of an employee is a matter of adjustment and accommodation to be made by the administrative authority concerned. It is solely within the powers of the executive and it is not to be interfered with by Courts.
(3.)Simply because some averments are made in the petition and the order of transfer is labelled as discriminatory and/or as actuated by mala tides it does not become discriminatory or cannot be said to have been passed on account of mala fides. To make out a case for interference in matters of transfer there should be concrete material which should be unimpeacheable in character. It must be remembered that for running smoothly the administration of any organisation the appropriate executive authority must have sufficient play at the joints. If sufficient leo-way is not granted to the executive authority in matters like transfer of employee the administrative machinery may be collapsed or working of the same may come to a grinding halt. Just as `the wearer only knows where the shoe pinches only the administrative head of the organisation would know how difficult is is to make necessary adjustment and accommodation for keeping the a administrative machinery in smooth gear much more so in these days of all pervading attitude of `passing on the buck and the least respect for the ethics of `work culture.
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