1) supreme court has held that An order of transfer is an incidence of Government servie. Who should be transferred where is a matter for the appropriate authority to decide. Unless theorder of transfer is vitiated by malafides or is made in violation of statutory provisions, the Court cannot interfere with it. There is no doubt that, while ordering
the transfer the authority must keep in mind the guidelines
issued by the Government on the subject. Similarly, if a
person makes any representation with respect to his
transfer, the appropriate authority must consider the same
having regard to the exigencies of administration
2) in your case representations made for transfer were rejected .
3) the SC has further held that The jurisdiction of the Central Administrative Tribunal
is akin to the jurisdiction of the High Court under Article
226 of the Constitution of India in service matters, as is
evident from Article 323-A of the Constitution. The
constraints and norms which the High Court observes while
exercising the said jurisdiction apply equally to the
Tribunal created under Article 323A. The Administrative
Tribunal is not an Appellate Authority sitting in judgment
over the order; of transfer. It cannot substitute its own
judgment for that of the authority competent to transfer.
[430-H,431 -A]
2.2. In the instant case, the Tribunal has dearly exceeded
its jurisdiction in interfering with the order of transfer.
The order of the Tribunal reads as if it were sifting in
appeal over the order of transfer made by the Senior
Administrative Officer (competent authority). [431-B]
Bank of India v. Jagjit Singh Mehta, [1992] 1 S.C.C. 306,
explained.
4) the order of transfer can be questioned in a court or Tribunal only where it is passed malafide or where it is made in violation of the statutory provisions.
5) as per govt guidelines no Group A officer shall remain in post for more than 5 years . your request for second post should have been considered if another officer in violation of norms remained posted in Guwahati for 10 years or so .