Employee’s transfer right of employer: High Court

Shimla, May 14

Transfer or repatriation of an employee is right of the employer/authority and transfer or repatriation in itself is not a punishment but incidence of service. This was held by the HP High Court yesterday, while dealing with a petition wherein the petitioner has challenged his repatriation and transfer order whereby he has been repatriated to his parent department, Higher Education and has been ordered to be posed at Government Senior Secondary School, Dhamwari, Shimla district, against vacancy as lecturer (mathematics).

Disposing of the petition, Justice Vivek Singh Thakur further observed that “no employee has a vested right for his posting at a particular place or portfolio.” The petitioner has challenged his repatriation and transfer order issued on March, 26, 2021 on the ground that he has been transferred on the basis of political recommendation, but not for administrative exigency. He further contended that for the last 18 years he has been performing his duties to the best of his abilities in District Institute of Education and Training (DIET), Nahan and his repatriation and posting as well as transfer is in violation of norms notified by Education Department.

Rejecting the contention of the petitioner, the court observed that “the transfer of the petitioner has been effected in an administrative exigency and in the larger interest of the public after due verification of facts. Otherwise also, the petitioner was serving at one place for last 18 years and he has no vested right to continue as such. For the facts and circumstances, it cannot be inferred that power by competent authority has been exercised discriminately, mala fide, unreasonably or irrationally, rather it appears to have been exercised in public interest in right manner.” — OC