IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 10241 of 2005 Between: Sri K. John S/o. Late D. Kuriakose BHEL, R.C.Puram Medak District. ..... PETITIONER AND 1 The Commandant,CISF Unit BHEL Ramachandrapuram Medak District. 2 The Deputy Inspector General, CISF South Zone Head Quarter Chennai 3 The Director General,CISF Head Quarter New Delhi. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in issuing the impugned proceedings dt.21-4-2005 vide no.E-38014/BHEL/Adm.I/GPC/35/2005-1072 without considering the representation submitted by the petitioner on 7-3-2005 transferring pension to IGI Airport, Delhi as arbitrary, illegal, unjust and against the principles of natural justice and consequently set aside the impugned proceedings dt.21-4-2005 in so far as the petitioner herein is concerned and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.MANDA ADAM Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST.SOLICITOR GEN.) The Court made the following : ORDER: This writ petition is filed seeking to declare the action of the 1st respondent in issuing the impugned proceedings dated 21.04.2005, without considering the representation submitted by the petitioner on 07.03.2005, transferring him to IGI Airport, Delhi as arbitrary, illegal and consequently set aside the impugned proceedings dated 21.04.2005. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Petitioner seems to be transferred from BHEL, Medak District to IGI Airport, Delhi. Therefore, he made a representation on 07.03.2005 to the 3rd respondent requesting to transfer him to BHEL, Medak District, considering his domestic as well as the education aspect of his children. It is settled law that transfer of an employee is not only incidence of service, but also one of the service conditions. Therefore, the transfer order, if any, made by the administrative authorities, cannot be challenged under Article 226 of the Constitution of India, unless it is vitiated by mala fides or by way of punishment or transfers contrary to rules, but no such acts are attributed against the transferring authority. Since the transfer order is not vitiated by any mala fides, the writ petition is devoid of merits and is accordingly dismissed. There shall be no order as to costs. ___________ 28.04.2005 Jsu To 1 The Commandant,CISF Unit BHEL Ramachandrapuram Medak District. 2 The Deputy Inspector General, CISF South Zone Head Quarter Chennai 3 The Director General,CISF Head Quarter New Delhi. 4 2 CD copies