Central Administrative Tribunal - Mumbai
Anil Dhansingh Pardeshi vs Indian Council Medical Research on 6 January, 2026
1 OA No.780/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.780/2025
Dated this Tuesday the 06th day of January, 2026
CORAM: Hon'ble Shri Umesh Gajankush, Member (J)
Shri Anil Dhansingh Pardeshi, Age 56 years
Son of Dhansingh B. Pardeshi
Working as Administrative Officer, ICMR,
NITVAR, Bhosari, Pune 411 009.
Residing at: Chawl No. 20/153, Laxminagar, Parvati,
Pune 411 009. Mobile No.: +91 9921924612
Email id: [email protected].
... Applicant
(By Advocate Shri Vishal Shirke )
VERSUS
1. Union of India,
Through the Director General, Indian Council of
Medical Research Headquarters, Ansari Nagar,
New Delhi 110 029.
2. Deputy Director General (Admn.)
Indian Council of Medical Research Headquarters,
Ansari Nagar New Delhi 110 029.
3. Assistant Director General (Admn.)
Indian Council of Medical Research Headquarters,
Ansari Nagar, New Delhi 110 029.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=
Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4,
Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2026.01.07 15:43:44+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA No.780/2025
4. Smt. S. S. Pathak
Working as Administrative Officer, NITVAR, Pune
Pune: 411 026. ... Respondents
(By Advocate Shri Sachin Patil - Official Respondents &
Advocate Ms. Divya Shetty for Private Respondent No.4 )
Order Reserved on: 12.12.2025.
Pronounced on: 06.01.2026.
ORDER
The applicant is challenging the impugned transfer order dated 30th July, 2025 (Annexure A-1), by which the applicant has been transferred form NITVAR, Pune to NIIH, Mumbai and also challenging the impugned order dated 14th August, 2025 (Annexure A-2), by which the representation /request of the applicant for retention at NITVAR, Pune was not considered.
2. Brief facts of the case are that while working on the post of Section Officer, the applicant was transferred from NIV, Pune to NIREH, Bhopal by order dated 03rd September, 2020 and thereafter vide order dated 22nd June, 2023 (Annexure A-4), he Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No.780/2025 was once again transferred from NIREH, Bhopal to NARI (now renamed as NITVAR), Pune.
2.2 It is submitted that in due course, the applicant became eligible for promotion to the post of Administrative Officer and was promoted to the aforesaid post by order dated 21st July, 2025 (Annexure A-5).
2.3 By impugned order dated 30th July, 2025, applicant has been transferred from NITVAR, Pune to NIIH, Mumbai against which representation dated 04th August, 2025 (Annexure A-6) was submitted for retention at NITVAR, Pune in which it was stated that the respondents may also consider withdrawing his promotion from the post of Administrative Officer in order to adjust him as Section Officer in NITVAR, Pune itself. However, the said request of the applicant was not considered and the impugned order dated 14th August, 2025 was issued. Thereafter, another representation dated 29th August, 2025 (Annexure A-7) was submitted on the ground that Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No.780/2025 applicant's son is studying in 12th Standard and is also preparing for NEET Examination 2026 at Pune and on this ground, it is essential that he may be retained at NITVAR, Pune. However, by issuing impugned communication dated 09th September, 2025 (Annexure A-8), applicant was directed to be relieved from his present place of posting w.e.f. 15th September, 2025 and relieving order was issued on 11th September, 2025 (Annexure A-9). 2.4 The aforesaid orders are challenged on the ground that same are illegal and arbitrary. There is no transfer policy framed by ICMR and the applicant's son is presently studying in 12th Standard. It is further submitted that considering similar ground of 12th Standard, another employee Smt. Shibi Jacob is retained at her current place of posting until 31st March, 2026 and, therefore, there is a discrimination. For the aforesaid purpose, the applicant has relied upon the judgment passed by the Hon'ble High Court of Madhya Pradesh in the case of Ripudaman Singh Yadav Vs. State of M.P. & Ors., reported in Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No.780/2025 2019 SCC OnLine MP 1658 decided on 16th July, 2019.
3. After notice, the respondents have filed reply and contested the OA stating that the applicant was promoted from the post of Section Officer to the post of Accounts Officer on ad-hoc basis vide Office Order dated 08th January, 2025 (Annexure R-1). Subsequently, the applicant submitted a representation dated 10th January, 2025 (Annexure R-2) stating that the applicant has worked in the administrative cadre, therefore, the applicant requested to consider his promotion to the post of Administrative Officer and not to the post of Accounts Officer. Moreover, the applicant, in his representation dated 10th January, 2025 have also conveyed his willingness to accept the transfer of the applicant from NITVAR, Pune to any of the Institute of ICMR in Mumbai. Thereafter, the applicant patiently waited for revision of his promotion from Accounts Officer to Administrative Officer for the month of January, 2025 till 21st July, 2025 when the applicant was promoted to the post Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No.780/2025 of Administrative Officer vide Office Order dated 21st July, 2025 (Annexure R-3). Subsequently, as the applicant, vide his representation dated 10th January, 2025, also agreed for transfer from NITVAR, Pune to any of the Institute of ICMR at Mumbai, the Competent Authority at ICMR, vide order dated 30th July, 2025 transferred the Applicant as Administrative Officer from NITVAR, Pune to NIIH, Mumbai.
3.2 It is further stated that the applicant is estopped from filing this OA since the applicant having accepted the order of promotion and the terms made therein which is subject to other terms and conditions of service which includes transfer to another place.
3.3 It is stated that the applicant submitted another representation dated 04th August, 2025 stating that the applicant was under medical examination regarding certain health issues of anxiety disorder and claustrophobia and also submitted a document signed by Dr. Prakash B. Bhambure wherein, it is Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA No.780/2025 mentioned that the applicant is suffering from anxiety disorder since last more than 10 (ten) years. However, earlier the applicant never informed the NITVAR, Pune about such physical disorder which is willful concealment of material facts under Government services, which may affect the day-to-day services of the applicant in the Institute. Therefore, the Applicant is liable for disciplinary proceedings as per CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965.
3.4 It is further submitted that the representation dated 04th August, 2025 of the applicant was considered and rejected vide order dated 14th August, 2025. That the Applicant submitted another representation dated 29th August, 2025 wherein, the applicant has mentioned about the academic status of his son which is not at all privileged under the rules and regulations of the Government. It is further submitted that in this representation dated 29th August, 2025, the applicant has not mentioned anything about his health issues. The representation Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No.780/2025 dated 29th August, 2025 submitted by the applicant was on the same issue. Therefore, as per the ICMR's Circular dated 30 th October, 2019 (Annexure R-8), the representation dated 29th August, 2025 of the applicant was not considered. 3.5 It is averred that subsequently vide office order dated 09th September, 2025, the applicant was relieved w.e.f. 15th September, 2025 and was directed to join NIIH, Mumbai. In view of the above, the applicant submitted another representation dated 10th September, 2025 wherein the applicant requested the answering respondents to relieve the applicant on 30th September, 2025 instead of 15th September, 2025. However, after some time, the applicant violated his own representation dated 10th September, 2025 and filed the present OA No. 780 of 2025 on 22nd September, 2025.
3.6 It is further averred that the OA challenging the transfer order is not maintainable. It is relevant to point out that the Hon'ble Supreme Court of India repeatedly held that the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No.780/2025 transfer order is an incident of service and as such the Courts should not normally interfere with the transfer order unless the order is without jurisdiction and the action is mala-fide in nature. 3.7 It is further submitted that in view of the preposition of law laid down by the Hon'ble Supreme Court in the cases of Union of India & Others Vs. S.L. Abbas, (1993) 4 SCC 357 dated 27th April, 1993, Prabodh Sagar Vs. Punjab State Electricity Board & Ors, (2000) 5 SCC 630, Ratnagiri Gas and Power Private Limited Vs. RDS Projects Limited & Ors, (2013) 1 SCC 524, National Hydroelectric Power Corporation Ltd. Vs. Shri Bhagwan & Anr., (2001) 8 SCC 574, E.P. Royappa Vs. State of Tamil Nadu & Anr., (1974) 4 SCC 3, S.C. Saxena Vs. Union of India & Ors., (2006) 9 SCC 583, Rajendra Singh & Ors., Vs. State of Uttar Pradesh & Ors., (2009) 15 SCC 178 and Ravi Prakash Gupta, IAS Vs. Union of India & Ors., decided by the Hon'ble High Court of Punjab & Haryana in Civil Writ Petition No.7857/2020 dated 05th February, 2021, there is no ground for Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No.780/2025 interference by this Tribunal in the impugned order. 3.8 Additionally, it was submitted that the applicant himself vide representation dated 10th September, 2025 requested to relieve him w.e.f. 30th September, 2025 but on the other hand, had filed the present Original Application on 22nd September, 2025. It is submitted that there is no mala fide intention or bias intention on the part of the respondents. The transfer of the applicant is only on the functional requirement of the respondents' Institute. Therefore, on the basis of the reply, official respondents have prayed for dismissal of the OA.
4. Private Respondent No. 4 has also filed separate reply contesting the OA with similar stand to the official respondents. Additionally, Respondent No.4 has placed on record DoPT OM No.22034/3/81-Estt(D) dated 01st October, 1981. The DoPT has laid down the policy to be followed in case where persons refuse promotion to a higher grade. The said OM inter alia states that "...refusal of promotion by an officer should entail Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No.780/2025 that no fresh offer of promotion would be issued to him for a period of one year, instead of six months as provided for in the earlier instructions." It further states that "in cases where the reasons adduced by the officer for his refusal of promotion are not acceptable to the appointing authority, then he should enforce the promotion on the officer and in case the officer still refuses to be promoted then even disciplinary action can be taken against him for refusing to obey his order."
5. Thereafter, separate rejoinders were filed by the applicant. In rejoinder dated 22nd November, 2025, it was specifically submitted by the applicant that he would be satisfied if he is retained in NITVAR, Pune until the end of Academic Session i.e., upto June, 2026.
6. Thereafter, sur-rejoinder was also filed by the official respondents reiterating and elaborating their stand.
7. I have heard Shri Vishal Shirke, learned counsel for the applicant and Shri Sachin Patil, learned counsel for Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA No.780/2025 the official respondents and Ms. Divya Shetty, learned counsel for private respondent no.4.
8. Shri Shirke, learned counsel for the applicant vehemently argued that at the present place of posting, applicant was posted only vide order dated 22nd June, 2022 from Bhopal to Pune and thereafter, he was promoted on the post of Administrative Officer vide order dated 21st July, 2025 and immediately he has been transferred from NITVAR, Pune to NIIH, Mumbai. Thereafter, representation was submitted, which was also rejected. It is submitted that there was no transfer policy available in the ICMR. The respondents have failed to consider the ground of study of the applicant's son in 12th Standard whereas in respect of similarly situated employee, retention was permitted up to 31st March, 2026. There are certain medical issues also on the basis of which, applicant has prayed for retention at Pune.
9. During the course of arguments, learned counsel for Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA No.780/2025 the applicant reiterated the statement made in the rejoinder for retaining the applicant in NITVAR, Pune till the end of Academic Session i.e., up to June, 2026. Therefore, OA may be allowed and impugned order may be quashed.
10. That, on the other hand, Shri Sachin Patil, learned counsel for the official respondents on the basis of reply vehemently argued that the impugned transfer order has been issued keeping in view the administrative convenience and functional requirement of ICMR. Looking to the order, it is clear that as many as 22 employees were transferred from one place to another place. Further, the representation of the applicant was considered by the competent authority and request was not considered keeping in view the administrative convenience and functional requirement.
11. During the course of the arguments, learned counsel placed reliance upon the judgments mentioned in the reply and submitted that there is a limited scope of interference in the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA No.780/2025 transfer orders. It is submitted that when there is an administrative and functional requirement, no employee can insist for retention at the particular place of posting. It is further submitted that in fact vide representation dated 10th September, 2025 (Annexure A-17) when the relieving order was issued, applicant himself has prayed for relieving on 30th September, 2025 which was graciously accepted by the competent authority. However, thereafter the present OA has been filed on 22nd September, 2025. Therefore, also the applicant is not entitled for any relief.
12. Ms. Divya Shetty, learned counsel for private respondent no.4 has also vehemently submitted that there is no ground available to interfere in the impugned transfer order. It is submitted that in pursuance of the impugned transfer order dated 30th July, 2025, respondent no.4 has already joined at transferred place i.e., NITVAR, Pune and, therefore, so far as respondent no.4 is concerned, she has already carried out the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA No.780/2025 transfer order.
13. After hearing learned counsel for the parties and after perusal of the record, looking to the transfer order dated 30th July, 2025, it is clear that it is specifically recorded that keeping in view administrative convenience and functional requirement of ICMR Hqs/Institutes/Centers, the transfer order has been issued by which as many as 22 employees have been transferred/posted at various places. Once, it is the stand of the respondents that posting is on account of administrative convenience and functional requirement, the applicant cannot claim posting at a particular place.
14. At this stage, it would be appropriate to reproduce the relevant portions of the judgments of the Hon'ble Supreme Court in the following cases:
(i) Union of India & Others Vs. S.L. Abbas, (1993) 4 SCC 357 decided on 27th April, 1993, wherein it has been held as under:
"...7. Who should be transferred where, is a matter for the appropriate authority to decide. Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 16 OA No.780/2025 Unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, the court cannot interfere with it. While ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the Government on the subject.
Similarly, if a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration. The guidelines say that as far as possible, husband and wife must be posted at the same place. The said guideline however does not confer upon the Government employee a legally enforceable right."
(ii) Rajendra Singh & Ors., Vs. State of Uttar Pradesh & Ors., (2009) 15 SCC 178, wherein it has been observed as under:
"...8. A government servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to the other. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contrary. No Government can function if the government servant insists that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desires (see State of U.P. v. Gobardhan Lal, SCC p. 406, para 7).
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 17 OA No.780/2025
9. The courts are always reluctant in interfering with the transfer of an employee unless such transfer is vitiated by violation of some statutory provisions or suffers from mala fides. In Shilpi Bose v. State of Bihar this Court held: (SCC p. 661, para 4)
"4. In our opinion, the courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department. If the courts continue to interfere with day-to-day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the administration which would not be conducive to public interest.
Th High Court overlooked these aspects in interfering with the transfer orders."
15. So far as the consideration of representation on the ground of personal difficulty to carry out the transfer is Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 18 OA No.780/2025 concerned, it is for the competent authority to take into consideration the said prayer of the applicant in a fair and reasonable manner.
16. In the Original Application and in the representations, it has been specifically stated by the applicant that his son is studying in 12th Standard and is currently pursuing medical entrance examination i.e., NEET. However, the said aspect of the matter appears to have not been taken in to consideration by the competent authority as office order dated 14th August, 2025 only states in remark column "request not considered" meaning thereby no reason has been assigned. Although the official respondents contested the aforesaid aspect on the ground that his son was studying in Sainik School, Chandrapur earlier and, therefore, it was suggested that it cannot be said that his study may be affected at Pune (at present, he is studying in Pune). However, the fact remains that it is not disputed by the respondents that the son of the applicant is not Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 19 OA No.780/2025 studying in 12th Standard.
17. Under these circumstances, when the applicant, in his rejoinder and during the course of arguments, has requested retention at NITVAR, Pune till completion of academic year, then the said prayer is required to be considered by the competent authority in fair manner.
18. It has come on record that respondent no.4 has already joined in terms of transfer order dated 30th July, 2025 at NITVAR, Pune. Under these circumstances, without disturbing the posting of respondent no.4 at NITVAR, Pune, the competent authority of the respondents is expected to reconsider the prayer of the applicant only on the limited ground of his son studying in 12th Standard till completion of Academic Session within a period of 30 days from the date of receipt of a certified copy of this order.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0 20 OA No.780/2025
19. With the aforesaid observations and directions, the Original Application is disposed of. Pending MAs, if any, stand closed. No costs.
(Umesh Gajankush) Member (J) dm.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, Deepti Ganesh Munarshi CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.01.07 15:43:44+05'30' Foxit PDF Reader Version: 2024.3.0