- (1.) B. S. Chauhan, J. This special appeal has been filed against the judgment and order of the learned Single Judge, dated 2-6- 2003, by which the writ petition No. 24273 of 2003 against the impugned transfer order dated 20-5- 2003 has been dismissed.
(2.) THE learned Counsel for the appellant has raised large number of issues and made allegations of mala fides submitting that impugned transfer order had been passed at the behest of the BSP leader. THE transfer order is against the transfer policy framed by the respondents. THE learned Single Judge failed to consider the inconvenience which would be suffered by the petitioner as his wife is heart patient and her treatment is going on at Basti. More so, the transfer order would adversely affect the education of his children. THErefore, the judgment and order of the learned Single Judge is liable to be set aside and the impugned transfer order is liable to be quashed. The issue of transfer and posting has been considered time and again by the Apex Court and entire law has been settled by catena of decisions. It is entirely upon the competent authority to decide when, where and at what point of time a public servant is to be transferred from his present posting. (Vide Union of India v. S. L. Abbas, AIR 1993 SC 2444; Shilpi Bose v. State of Bihar, AIR 1991 SC 532; Union of India v. N. P. Thomas, AIR 1991 SC 1605; Chief Manager (Tel.) N. E. Telecom Circle v. Rajendra Ch. Bhattacharjee, AIR 1995 SC 813; State of U. P. v. Dr. R. N. Prasad, 1995 (Suppl) 2 SCC 151; Union of India and Ors. v. Ganesh Dan Singh, 1995 (Suppl) 3 SCC 214; N. K. Singh v. Union of India and Ors. , (1994) 6 SCC 98; and Abani Kante Ray v. State of Orissa, 1995 (Suppl) 4 SCC 169. An employee holding a transferable post cannot claim any vested right to work on a particular place as the transfer order does not affect any of his legal rights and Court cannot interfere with a transfer/posting which is made in public interest or on administrative exigency. In Gujarat Electricity Board v. Atma Ram Sungomal Poshani, AIR 1989 SC 1433, the Hon'ble Supreme Court has observed as under: "transfer of a Government Servant appointed to a particular cadre of transferable posts from one place to the another is an incident of service. No Government servant or employee of public undertaking has legal right for being posted at any particular place. Transfer from one place to other is generally a condition of service and the employee has no choice in the matter. Transfer from one place to other is necessary in public interest and efficiency in the public administration. "
(3.) SIMILAR view has been taken by the Apex Court in Chief General Manager (Telecom) N. E. Telecom Circle (supra ). In Union of India v. H. N. Kirtania, AIR 1989 SC 1774, the Hon'ble Apex Court observed as under: "transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer order illegal on the ground of violation of statutory rules or on ground of mala fide. ";