0712wp4998.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4998 OF 2009 (ANILKUMAR HARISHCHANDRA VERMA VS. W. C. L., NAGPUR & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. F. T. Mirza, Advocate for the petitioner. Mr. S. C. Mehadia, Advocate for respondent No. 1. Mr. M. Anilkumar, Advocate for the respondent No.2. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 07th DECEMBER, 2009. The writ petition is directed against the order of transfer dated 10/11/2009, whereby the petitioner is transferred from Nagpur to Kanhan. Learned Counsel for the petitioner submits that the order of transfer is mala fide and against the guidelines pertaining to transfer, and therefore, cannot be sustained in law. It is contended that the order of transfer is also not based on administrative exigencies, and therefore, cannot be sustained in law. Mr. Mehadia, learned Counsel submitted that the petitioner is working at Nagpur since 1999 and in view of administrative exigencies, the impugned order of transfer is issued. It is further submitted that the petitioner is working as Deputy Finance Manager and there are 56 sanctioned posts at Nagpur whereas in Kanhan there are only 18 posts. It is 0712wp4998.09.odt 2/2 contended that in situation like this, the petitioner was transferred to Kanhan in view of administrative exigencies in mid-term. It is submitted that in the normal course, the petitioner would not have been transferred in the mid-term but considering the need of the department as well as administrative exigencies, the transfer was required to be effected, and therefore, the department had to issue order of transfer of the petitioner. It is further contended that all other adverse allegations made by the petitioner against the respondents are denied. Considered the contentions canvassed by the respective Counsel. It is no doubt true that as far as possible the department should avoid issuance of order of transfer in the mid-term which normally causes lot of inconvenience to the family of the employee. However, it is also equally well settled that the department is at liberty to effect transfer of its employee even in the mid-term on the ground of administrative exigencies, since transfer is incident of service. In the instant case, from the above referred facts, it appears that the impugned order of transfer is based on administrative exigencies, and therefore, in our view, no case is made out for showing indulgence. The writ petition is dismissed accordingly. JUDGE JUDGE wwl