1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3917/2010 [Ravindra Ganpatrao Yawalkar .vrs. Union of India and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JUNE 14, 2011. Heard Shri S.S. Ghate, learned counsel with Shri A.V. Desai, learned counsel for the petitioner, Shri S.K. Mishra, learned Assistant Solicitor General for respondent no.1 and 5 – Union of India, Shri S.D. Harode, learned counsel for respondent nos.2 and 3, Shri Ratnakar Khobragade, learned counsel for respondent no.4. It is apparent that impugned re-transfer of the petitioner is on account of settlement between respondent no.4 – Union and the Management. The petitioner contends that the transfer is the prerogative of employer and as per settled policy, law graduate is required to be posted in legal cell. Accordingly, the petitioner was placed in that cell. 2 Under the pressure of employee’s of Union that placement has been cancelled. Respective respondents support the action of the Management. Shri Mishra argues that considering the circumstances prevailing in the interest of administration, the petitioner has been re-transferred. We do not see any allegation of malafides or victimization. The dispute between respondent no.4- Union and the management is on record and its settlement is also placed as annexure with the petition. The settlement is arrived at before the Conciliation Officer during the conciliation proceeding and as a part of that settlement, the petitioner has been re-transferred. In this situation, it cannot be said that the re-transfer is not on account of any administrative ground. As we do not see any malafide, the petition is rejected. JUDGE JUDGE Gulande