- (1.) Heard Sri Surendra Pratap Singh, learned counsel for the petitioner, Sri Badrul Hassan, learned Additional Chief Standing Counsel for opposite parties and perused the record. Facts, in brief, of the present case are that petitioner , who is Peon P.A.C. , by order dated 23.1.2009 transferred to C.B.C.I.D. Division Barely,joined his duty on 11.5.2009 and after joining, challenged the order of transfer 23.1.2009 by filing Writ Petition No. 2742(SS) of 2009, disposed of vide order 11.5.2009 reads as under:- " The present writ petition has been preferred under Article 226 of the Constitution of India against the impugned order dated 4.3.2009 contained in Annexure no.1 to the writ petition and the impugned order of transfer dated 23.1.2009 contained in Annexure no.2 to the writ petition. Against the impugned order of transfer, the petitioner has resumed duty. Hence, no case for interference is made out. However, since the petitioner has already made his representation before the competent authority to ventilate his grievance, the competent authority is directed to decide the petitioner's representation by passing a speaking and reasoned order within two months from the date of receipt of a certified copy of this order and communicate decision . Liberty is given to the petitioner to represent his cause afresh. Subject to above, the writ petition is finally disposed of." Thereafter the case of the petitioner was considered by the competent authority and rejected by order dated 16.7.2009.
(2.) In view of the said background , petitioner has filed present writ petition with the prayer that competent authority may be directed to consider the case of the petitioner for transfer from Barely to Lucknow. Transfer is an incidence of service and it does not require the consent of the employee. A public servant has no vested right to seek transfer to a location of his choice. An employee can be transferred on administrative exigencies and in public interest. It is not obligatory on the part of the employer to comply with the principles of natural justice before making an order of transfer. The Government is empowered to transfer a civil servant from one post to another or to an equivalent post in the same cadre or grade or carrying the a lien. No employee can claim to a particular posting as the matter of posting is entirely in the domain of the administration. No Government employee has any right to be posted at any particular place forever, because transfer is not only an incidence of service, but also a condition of service, and as such it is necessary in public interest and in the interest of efficiency in public administration. There is no hostile discrimination in transfer from one post to another when the posts are of equal status and responsibility. The transfer in posts, which are in the same grade or cadre or considered equivalent can be affected on administrative exigencies.
(3.) The general principles in respect to the transfer an employees that can be deducted from various judicial pronouncements and the statutory provisions are as follows: (i) that an employee cannot be transferred out of his cadre or establishment against his wish; (ii) that no transfer can be justified merely because the pay is not affected, when the appointment is made to a specified post or a specific group of posts; (iii) that the Government employee cannot be asked to perform duties which were never expected of him at the time of recruitment; and (iv) that the expectation of future promotion cannot be wiped off by moving a Government employee around. But, the judicial review the validity of the transfer order can be adjusted, if the order of transfer suffers from the vice of mala fide exercise of power not made in public interest or administrative exigency, but simply to accommodate another employee without any justifiable reason. Further, order of transfer is shown to be an outcome of mala fide exercise of power or violative of any statutory provision or passed by an authority not competent to do so, but the transfer order cannot lightly be interfered with by the courts as a matter of routine for every type of grievance sought to be made.;