Directions regarding place of posting by Court amount to interference in the day to day administration of State Government

Chhattisgarh High Court: The Court was deciding a petition of a Fishery Inspector to issue a writ of mandamus for his transfer from one place to another. He argued that since the inception of his job, he had been working only in the scheduled area and as per the transfer guidelines (Government Policy), he should be considered now for non-scheduled areas.

Hearing the plea of the petitioner, the Court observed that it is the settled law that the transfer guidelines are not enforceable. Prashant Kumar Mishra, J. explained that if posting of an employee at a particular place or a non-scheduled area is directed by issuing mandamus, it will amount to interference in the day to day administration of the State Government.

The Court said that transfer guidelines have to be worked on depending upon several factors governing the administration of a particular Department or its Offices and thus, it found better not o interfere in a filed belonging exclusively to the domain of State Government. The Court to elucidate the point said that any interference could only be made when there is violation of any statutory provision or posting at a particular place, or there is any order passed adversely affecting any of the service condition of the employee concerned. No such case being there, the petition was accordingly dismissed. [Jageshwar Prasad Sahu v. State of Chhattisgarh, 2017 SCC OnLine Chh 1208, decided on 31.10.2017]

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