1 D.B. CIVIL WRIT PETITION NO.4187/2010 (Daulat Ram Vs. U.O.I. & Ors.) Date of Order : 26.04.2010 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Rajesh Shah, for the petitioner. This writ petition is directed against the judgment dated 6.4.2010 passed by Central Administrative Tribunal Jodhpur, Bench Jodhpur whereby the learned Tribunal dismissed the Original Application filed by the petitioner against the transfer order dated 08.06.2009. We have perused the transfer order dated 08.06.2009 so also the judgment impugned dated 6.4.2010. Admittedly, the petitioner is working on the post of Staff Car Driver and he has been transferred from Jaisalmer to Bhuj. Learned counsel for the petitioner submits that the petitioner is a low paid employee and due to transfer at a very far place not only the petitioner but his whole family will suffer financial loss and mental agony, therefore, the 2 transfer order which is said to be passed in public interest may be quashed because there is no administrative exigencies/reasons behind the said order. Learned Tribunal dismissed the Original Application on the ground that there is no merit in the contention of the applicant that he cannot be transferred out of present place. After perusing order of Tribunal, we are also of the view that no government employee can claim to posting at a particular place but at the time of passing transfer order for low paid employee, it is the duty of the transferring authority to take into consideration all the administrative reasons and hardships of low paid employee. Although transfer is an incident of service but Court can interfere in the transfer matters if transfer order is based upon malafide or is in violation of the statutory rules. In this case, it does not appear that the transfer order is based upon malafide or in violation of the statutory rules, therefore, no interference is warranted in the order dated 6.4.2010 passed by 3 learned Tribunal. However, looking to the fact that the petitioner is low paid employee, he is hereby permitted to file representation against the transfer order before the competent authority within a period of one week from the date of receipt of certified copy of this order for considering his case afresh. Upon filing the said representation, it is expected from the competent authority that the decision will be taken sympathetically for retention of the petitioner as per his prayer. This writ petition is dismissed with above observation. (GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J. arun/- arun/-