Allahabad High Court
Smt. S.D. Tewari vs Chief Medical Superintendent, T.B. ... on 28 February, 2000
Equivalent citations: 2000(2)AWC1371, [2000(85)FLR216], (2000)IILLJ365ALL, (2000)2UPLBEC1133
Bench: M. Katju, D.R. Chaudhary
JUDGMENT
M. Katju and 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.
4. Learned counsel for the petitioner submitted that the petitioner may be prejudicially affected as the Swarup Rant Nehru Hospital, Allahabad, has now been brought under a society. We are not going into this question as the matter ts pending before the Supreme Court but we direct that the petitioner's salary and other benefits and conditions of service will not be in any way adversely affected by the impugned transfer order.
5. With this observation the petition is disposed of. Interim order shall stand vacated.