Authority: Calcutta High Court (High Court at Calcutta)
Order Date: August 21, 2026
Case Overview
- Parties: Petitioner SRI ALOKE KUMAR MONDAL @ ALOKE MONDAL (temporary worker with WBSIDCL since 2011) versus THE STATE OF WEST BENGAL & ORS., including West Bengal Small Industries Development Corporation Limited (WBSIDCL).
- Nature of Proceeding: Writ petition (WPO/190/2026) filed under Article 226 of the Constitution challenging a transfer order dated January 13 2026 issued by WBSIDCL.
- Allegations: The petitioner alleged the transfer was arbitrary, whimsical and mala fide, causing personal and family difficulties.
- Court’s Observations:
- Transfer is not a vested right; it is part of internal management and generally not interfered with by courts.
- Supreme Court has laid down two parameters for interference: breach of an established transfer policy, or proof of mala fide/arbitrary transfer.
- No transfer policy exists at WBSIDCL; the transfer was routine.
- The petitioner offered no evidence of mala fide intent, arbitrariness, or discrimination.
- Personal difficulty cannot constitute a ground for rescinding a transfer, as affirmed in Rajendra Roy vs Union of India (1993) 1 SCC 148.
- Reasoning: Since neither of the two statutory grounds was satisfied, the court found no basis to interfere with the transfer order.
Final Outcome
- The petition (WPO/190/2026) is dismissed.
- No order as to costs.
- Parties may obtain an urgent certified photostat copy of the order upon compliance with requisite formalities.
Topics: Employment Law, Administrative Law