BENGALURU: The Karnataka high court has said that a child studying in a kindergarten or wife in a non-transferable job and the family being getting disturbed by the same cannot be valid grounds for interfering with the transfer order of an employee.
"Merely because petitioner's child is studying in kindergarten, and merely because his wife cannot be transferred to Shivamogga, even these two grounds, much as they adversely affect the harmony of the family, cannot be valid grounds for interfering with the transfer order. The disturbances caused to a family by a transfer is but part of life. But, merely a family is being disturbed cannot be valid reason for setting aside the transfer order," Justice Raghvendra S Chauhan has observed while dismissing a petition filed by Dr Mahesh S Akashi, Assistant professor, Department of Surgery and Radiology, Canine Research and Information Centre, Timmapura,Mudhol taluk Bagalakote district.
"The transfer orders can be interfered only on the ground if they are malafides, arbitrary or at the behest of a politician or if there is any violation of the transfer policy dealing with the transfer of an employee within two years of his retirement. It is only in these limited areas the court is permitted to interfere with a transfer order." the Judge has further observed.
The petitioner, who was earlier working in Shivamogga, was transferred to Timmapura on December 4,2013. He joined the services at Timmapura on December 23, 2013. However, on June 25, 2015, he was transferred back to Shivamogga, which he challenged before the court.
"Merely because petitioner's child is studying in kindergarten, and merely because his wife cannot be transferred to Shivamogga, even these two grounds, much as they adversely affect the harmony of the family, cannot be valid grounds for interfering with the transfer order. The disturbances caused to a family by a transfer is but part of life. But, merely a family is being disturbed cannot be valid reason for setting aside the transfer order," Justice Raghvendra S Chauhan has observed while dismissing a petition filed by Dr Mahesh S Akashi, Assistant professor, Department of Surgery and Radiology, Canine Research and Information Centre, Timmapura,Mudhol taluk Bagalakote district.
"The transfer orders can be interfered only on the ground if they are malafides, arbitrary or at the behest of a politician or if there is any violation of the transfer policy dealing with the transfer of an employee within two years of his retirement. It is only in these limited areas the court is permitted to interfere with a transfer order." the Judge has further observed.
The petitioner, who was earlier working in Shivamogga, was transferred to Timmapura on December 4,2013. He joined the services at Timmapura on December 23, 2013. However, on June 25, 2015, he was transferred back to Shivamogga, which he challenged before the court.
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