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Dattatreyulu (Manager (Q.C))     16 November 2009

Tranfers and Postings

I have been transferd from A.P to Karnataka though:

A) I have already worked earlier in Karnataka once.

B) My Transfer order now to Karnataka is orderd on the basis of retained promotees/administartive excegencies.

C) There are about 50 retained promotees above me in the seniority list who have not moved from A.P to other regeions since their appointment.

D) I approached the honoroble High court of A.P for keeping aside the Transfer order on the above basis.The management in their counter Affidavit coated The Hon'ble Supreme Court Judgement stating that courts canot interfere in admi.matters unless Malafied is prooved.

E) Now I wish to go for an appeal in the division bench .

Can any one suggest how can i proove the Malafied Intention of the Mangement.?




 8 Replies

Prakash Yedhula (Lawyer)     16 November 2009

It is a settled principle of law that transfer orders could be challenged only  on the ground of malafides or violation of statutory rules. In case of malafides, you should indicate and name persons who are behind the issuance of transfer order  with ulterior motives. In  all other case, challenge to  transfer orders would be a futile exercise. 

Sanjeev Kuchhal (Publishers)     16 November 2009

Where transferability is a part of the contract of service, a change of the work place cannot be regarded as a matter of adverse effect. Action of the employer in exercising the right to transfer the employee cannot be faulted except for mala fides or where there is a statutory violation.

Power to transfer by way of deployment is to be presumed as administrative postulate. When contrary is not proved, then very heavy burden did lie on the employee to urge that the said power is a colourable exercise. Administrative actions to be shown malafide are required to be shown as illegal or otherwise vindictive by way of victimization.

Darshan Sharma (Lawyer-cum-detective)     16 November 2009

Malafide attention is very much evident since other 50 have been left untouched but you have not clarified whether others promoted or not. You have to prove malafide intention of the Administration with additional evidence.

Sometimes transfer also proves to be a blessing in disguise opening new horizons of opportunities for an individual.

Dattatreyulu (Manager (Q.C))     16 November 2009

Thanks very much for the responce patrons,As Mr.Darshan's response I am to state that,

I have been promoted as Manager Q.C during Dec.2008 and retained in A.P.In October 2009 several of my senionors were promoted as Manager Q.C and out of them only 7 from top of the list were transfered to Karnataka on promotion.

I have been transfered to Karnataka during June 2009 that is after a gap of 6 months along with other 11.earlier during my service my self along with other 3 were at Karnataka.others around 50 were seniours to me and promoted during 2005 but they have not worked in other regions since their appointment even on promotion.the transfer policy guide lines issued by our H.O envisage that incase of tranfer to other regions  as follows:

a) Retained seniors areto be moved first

b) Retained promotees will follow next

c) Current promotees follow incase of necessity

as per the above policy we should have not been transfered.

can this discriminative attitude be challenged as malafied? Management says transfer policy guide lines need not be followed as a rule.but this discriminative attitude is to be proved as Malafied.Kindly suggest remey.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 November 2009

As your transfer is against the policy so you have every right to get a mandate against your transfer order. Put all these facts before DB of AP High Court and persue your matter vigorously.

1 Like

Dattatreyulu (Manager (Q.C))     17 November 2009

Thanks very much Mr.Makkad,

Iam doing the same thing  and also need some suggestions like you people.thanks for the moral support.

Dattatreyulu (Manager (Q.C))     18 November 2009

Dear Mr.Makkad,

In the instant case may i make all the fifty retained promotees seniors to me as partiesin the D.B along with respondents?

Dattatreyulu (Manager (Q.C))     17 December 2009

The D.B of A.P HC passed interim stay order suspending the impugned transfer order and also suspenssion order served on me by the management. so far the respondents have not taken any action taking me into service,though the order was passed in 14th of Dec 09 directing the respondance to file a M P for vacating interim stay orders. what shall i do in this situation kindly advice.

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