M.Katju, D.R.Chaudhary, JJ. - (1.) The petitioner is an Assistant Matron at T. B. Sapru Hospital, Allahabad and she has been transferred to Swarup Rani Nehru Hospital, Allahabad. Thus, she has been transferred to a place only about 2 or 3 kms. away from the place where she is presently working in the same city.
(2.) The learned counsel for the petitioner submitted that the transfer was mala fide. Even assuming so, it is settled law that in a writ petition, the petitioner has not only to show violation of law but also some prejudice that is to say. both law and equity must be in petitioner's favour. Even if an illegal order has been passed if it causes no prejudice to the petitioner, no writ will be issued. This is because writ is a discretionary remedy, and the Court is not bound to issue a writ even if there is violation of law.
(3.) Hence even assuming that the impugned transfer order was mala fide, yet, in our opinion, the petitioner has not been able to show any prejudice against her, because she has been transferred from one place in Allahabad city to a nearby place in Allahabad city.;