Does a transfer clause incorporated in successive renewals of a purely contractual appointment under the National Health Mission bind the appointee, and are NHM transfer guidelines merely indicative? Calcutta High Court affirms that contractual autonomy governs transfers, distinguishes advisory nature of NHM Guidelines, and provides binding authority for High Court and subordinate courts.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/14686/2025 of MITHUN CHAKRABORTY AND ORS Vs STATE OF WEST BENGAL AND ORS. |
| CNR | WBCHCA0302922025 |
| Date of Registration | 02-07-2025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | Hon’ble Justice Aniruddha Roy |
| Court | Calcutta High Court (Appellate Side) |
| Bench | Single Judge |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms existing law regarding contractual terms |
| Type of Law | Contract law; administrative law |
| Questions of Law |
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| Ratio Decidendi |
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| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court |
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| Facts as Summarised by the Court |
Petitioners were engaged on 11-month renewable contracts (2006, 2018, 2021) as District Accounts Managers under NHM-RCH II. No initial transfer clause existed. In 2022 NHM issued transfer guidelines; in renewals, Clause 1.3 was incorporated. On June 25, 2025, petitioners were transferred under that clause. Some petitioners had earlier sought transfer or accepted it subject to monetary benefits. They challenged the transfer order by writ. |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | Calcutta High Court and all its subordinate courts |
| Persuasive For | Other High Courts in India |
| Distinguishes | Sanghamitra Ghosh v. State of West Bengal & Ors. (WPA 19243 of 2021) |
What’s New / What Lawyers Should Note
- Contract renewals can novate earlier terms and incorporate new conditions, including transfer clauses, which bind the employee once accepted.
- NHM transfer guidelines are illustrative; only become enforceable when expressly integrated into the contract.
- Representations accepting transfer subject to benefits constitute consent to the contractual clause.
- Absent mala fide or arbitrariness, administrative transfers under a valid contractual term are immune from judicial interference.
Summary of Legal Reasoning
- Contract Modification/Novation: Fresh contracts or renewals incorporating new terms (e.g., transfer clause) modify or novate the original contractual relationship.
- Nature of NHM Guidelines: Clause 1.1 of NHM Human Resources Guidelines declares them purposive and suggestive; they lack binding force unless contractually adopted.
- Contractual Incorporation of Transfer Clause: Clause 1.3 of the May 26, 2022 transfer guideline was expressly incorporated into petitioners’ renewal letters (2017–2025), empowering administrative transfers at any time.
- Acceptance by Conduct: By executing renewals and submitting e-mail representations seeking monetary benefits for transfer, petitioners demonstrated acceptance of the transfer clause.
- Judicial Non-Interference: In absence of mala fide or arbitrariness, transfers under a valid contractual term are incidental to service and not subject to writ intervention.
Arguments by the Parties
Petitioners
- Engagement was purely contractual for a fixed district post; no express or implied transfer term initially.
- NHM guidelines permit transfers only in exceptional personal circumstances (spousal co-location, vacancies).
- Contractual employees not in public service; transfer is not an incident of service.
Respondent (State)
- Clause 1.3 of the May 26, 2022 NHM transfer guideline authorizes transfers on administrative grounds at any time.
- Successive renewals incorporated the transfer clause; petitioners accepted by executing renewals.
- Contractual employees derive rights solely from contract; no vested right against temporary posts.
- No mala fide or arbitrariness; State’s administrative exigency justified the transfer.
Factual Background
Petitioners participated in NHM recruitment (2006, 2018, 2021) and were appointed as District Accounts Managers on 11-month renewable contracts without initial transfer terms. In May 2022 NHM issued transfer guidelines (Clause 1.3 empowering transfers). Successive renewals (notably August 2017 to March 2025) incorporated this clause. On June 25, 2025, a bulk transfer order was issued; petitioners filed writs challenging its validity and binding effect on purely contractual appointments.
Statutory Analysis
- NHM Human Resources Guidelines (May 26, 2022)
- Clause 1.1 defines guidelines as purposive and illustrative.
- Clause 1.3 permits administrative transfers at any point.
- Contract Law Principles
- Fresh contracts or renewals can modify or novate original terms.
- Incorporation of transfer clause into contract renders that clause enforceable.
Alert Indicators
- ✔ Precedent Followed – Affirms established contract-law principles governing modifications and administrative transfer powers.
Citations
- Rajendra Singh & Ors. v. State of U.P., (2009) 15 SCC 178
- State of Rajasthan v. Anand Prakash Solanki, (2003) 7 SCC 403
- K.B. Shukla & Ors. v. Union of India, (1979) 4 SCC 673
- The Regional Manager & Ors. v. Pawan Kumar Dubey, AIR 1976 SC 1766
- Sanghamitra Ghosh v. State of West Bengal & Ors., WPA 19243/2021 (Calcutta HC)