formulation of the
guidelines for inter-district and intra-district
transfer/deployment, and rationalization of employees
working at SPO, DPOs and Block Level Offices under ... said office order reads as under:-
"Presently there is no transfer/deployment
policy for the employees working at SPO,
DPO, Block level under
appellant supported its orders and the transfer policy on the ground
that neither the transfer policy nor the transfer orders were incon-sistent
with paragraph ... lays down guidelines for effecting rotational transfers of
staff. The transfers under challenge were not rotational transfers. They
were really in the nature of redeployment
transfers namely, (i) Redeployment transfer and (ii) General/ rotation transfer. Asregads Redeployment transfer is concerned certain categories of employees are exempted from redeployment transfer. Similarly ... transfers, namely, Redeployment transfer and General/Rotation transfer whereas the Circular No. 35/95 dt. 23-5-1995 speaks only about rotational transfer, after classifying
orders of transfer, (ii) Even if those orders are treated as orders of transfer, P.N.B. has the power to transfer its employees from ... erst. NBI, who fall due for transfers under the Rotational Transfer guidelines may also be transferred simultaneously."
Clause 3 of the said order
deploy the employees, no redeployment
scheme or planning has been framed. His submission is re-deployment
is different than transfer. He alleged that the Mysore ... Hence, the
transfer to Nashik is a colourable exercise of power and
unconstitutional. That apart, it is his submission that transfer / re-
deployment shall cause
transfer order is
violative of transfer policy, the court should not
interfere. It has been held that:
"In the writ petition, the transfer order ... violative of transfer policy
framed by the appellant. The High Court, did not,
even find any contravention of transfer policy in
transferring the Respondent
transfer order is violative of transfer policy, the court
should not interfere. It has been held that:
"In the writ petition, the transfer order ... violative
of transfer policy framed by the appellant. The High Court, did
not, even find any contravention of transfer policy in transferring
the Respondent
argued that the
Transfer orders are not merely transfers. He argued
that the suspension of Clause-6 and the Annual
Transfers has effectively taken away ... stated that the Transfer guidelines
allow the KVS Authorities to transfer any employee on
administrative Exigencies. These transfers are called
Administrative Transfers which are defined
argued that the
Transfer orders are not merely transfers. He argued
that the suspension of Clause -6 and the Annual
Transfers has effectively taken away ... annual transfers were suspended and the
transfers vide order dt. 12.9.2022 effected for
administrative exigencies, other clauses of the Transfer
guidelines are not attracted
argued that the Transfer
orders are not merely transfers. He argued that the suspension
of Clause-6 and the Annual Transfers has effectively taken away ... annual transfers were suspended and the
transfers vide order dt. 12.9.2022 effected for administrative
exigencies, other clauses of the Transfer guidelines are not
attracted
