[N THE HIGH COUFIT OF. SIKKiM OFtDEF= SHEET writ petition (c) ......Smt.....RE}tul.Pevi Central Versus Council I or in Ayurveda Research Siddha & Ors. Order with Signature 1. 12:5.0 No.13 of 2oo8 Petitioner / Appellant Bespondent FTesent: Mr. A.K. Upadhyaya, Sr. Advocate with Mr. S. Joshi and Ms. Manita FTadh , Advocates for the Petitioner. i Mr. 8. Sharma, Sr. Advocate with Mr. Rajendra Upreti, Advocate for Respondents. These two wit petitions are taken up together. They are ffled by the husband and wife; both are `Class D' employees of the respondent No. 1 i.e. the Central Council for Research in Ayurveda and Siddha. They are basically doing sweeping job and were recruited in 1983 arid 1984 respectively. By a transfer order dated 23/30.04.2008, i.e., after many many long years they have been transfeITed to a Patiala Unit of the Council. The Council had 38 units all over India as the leaned counsel for the respondents submitted, but the present plan of theirs is to Office Note as to action (i{ an`./) taken on Order Gaped fi 6rfu o' .a b>.,oo ,±10&. ife ctF- SerialNo.ofOrder DateofOrder Order with Signature Office Note as toact.Ion(ifany)takenonOrder /ul4- consolidate the units into 12 units by a process of amalgamation. The leamed counsel for qe petitioners submits that as per rules Class Ill a IV wo.rkers will not be transferred except on . administrative erdgencies or on the request of the employee himself. There are other rules of the Council which permit transfer for administrative reasons and these rules apply for Class IV workers also. Although the transfer orders do not ex facie state that the transfer is for adminis- :ae:::;mig:rneeys:?::e¥t;t#¥ife£€5tre:shf::efsnf:: an administrative exigency will not either Improve or worsen the transfer order. It appears that the two petitioners have three children of whom one son was employed on probation by the same council, but he lodged an FIR against his superior officer in September, 2006 and in November, 2006 the temporary employment. of him was terminated. No writ was filed by him. It is submitted that the youngest daughter of the petitioners is riow taking her college examination and she is reading a BA course in Sikkim. ®dr- 3 J„ SerialNo.ofOrder a)ateofOrder Order with Signature Office Note as toaction(ifany)takenonOrder NTfu The petitioners have not made any representations to the a.uthorities, that they will join their new posting after the e . tion is over, say within. 15 days or within 20 days or within one month, but they ha.ve come directly to the Court.ThisWrit Court does not sit in appeal over transfer matters. The FIR was filed by the son in September 2006 alleging atrocity, lodging a complaint that his superipr officer said that he was not flt to sit at a chair and table, but was good only for sweeping jobs. Since trial is going on, these are now only accusations. Submisfions are made that the crininal case will also^hindered if there is transfer.Atransferordercannotbeinterfered with unless mala fides can be demonstrated by cogent prina facie evidence; or unless the transfer is made for punishing the employee and the said punitive nature of the transfer order is also demonstrable on cogent evidence. None of these factors are seen here. No administrative system can run. without appropriate subordination or without the freedom to work on their own, without overstepping legal limits. I, SerialNo.ofOrder eJo?teOrder Order with Signature Office Note as toaction(ifany)takenonOrder I learned counsel for the respondents has stated that the Patiala unit will absorb the petitioners, provided of course they go and join there. On behalf of the petitioners it was said that they might get lost on the way, if they have to go from Gangtok to Patiala. I take it as a joke, rather than an argument.Thistypeofpetitionssbould be thrown out in limine. Because the petitioners are Class IV employees, I refrain from ordering any costs. The respondents are not called upon to ffle any affida.vit in opposition. AIlegations in the petitions cannot be taken to be admitted by them to any extent. The writ petitions are dismissed in limine without any order as to costs. /,`. .i: -I--..`. (A.N. Ray, CJ)I