Frequent transfers may warrant interim stay pending administrative review of representation under transfer policy.

The petitioner, an employee under the Janpad Panchayat Shivpuri, challenged a transfer order dated June 15, 2026, which moved him from Mohangarh to Sikravada

The petitioner contended that he was subjected to frequent transfers, having been moved four times between various locations in Shivpuri since August 2021

Seeking relief under Article 226 of the Constitution of India, the petitioner requested the quashing of the order or, alternatively, a direction for the respondents to decide on his representation

1. Whether the frequent transfer of the petitioner warranted judicial interference or a direction for administrative reconsideration

The court applied the established principle that transfer is an incident of service and not a vested right of the employee

It emphasized that judicial review of transfer orders is limited to cases involving mala fide intentions or arbitrary exercise of power

The court also noted that the concept of equality under Articles 14 and 16 of the Constitution of India does not generally apply to transfer disputes

Reference was made to a similar procedural precedent in Natthu Singh Yadav v. The State of Madhya Pradesh (W.P. No. 31488/2024) regarding time-bound disposal of representations

The court observed that while the employer maintains the discretion to organize its workforce, the petitioner’s history showed a pattern of multiple moves over a short period (2021, 2023, 2025, and 2026)

Although the court found no immediate evidence of mala fides to quash the order outright, it acknowledged the petitioner’s limited prayer for a departmental review

Given the proximity of the transfers and the lack of objection from the Government Advocate regarding a directed representation, the court determined that the authorities should evaluate the grievance based on the prevailing Transfer Policy dated May 22, 2026

The petitioner was directed to submit a fresh representation within seven days, and the competent authority was ordered to pass a reasoned decision within three weeks thereafter. Until such a decision is reached, the petitioner is permitted to remain at his current posting in Gram Panchayat Mohangarh