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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Jagdish Dhaka (Comdt.) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's transfer details and family circumstances. (Para 3 , 4 , 5) |
| 2. petitioner's claims regarding child's education. (Para 6 , 7) |
| 3. court's view on transfers and fairness. (Para 8 , 9) |
| 4. legal foundation regarding government servants' transfer rights. (Para 10) |
| 5. conclusion on the dismissal of the petition. (Para 11 , 12 , 14) |
ORDER
[VIA VIDEO CONFERENCING]
CM No.21350/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 6773/2021
3. Both, the petitioner and her husband are employed with the respondents Indian Coast Guard (ICG), with the petitioner wearing the rank of Commandant and her husband wearing the rank of Deputy Inspector General (DIG).
4. The petitioner has been posted at Delhi and her normal tenure of posting at Delhi ended in the year 2020. However on request of the petitioner that her daughter was studying in Class X, in a school in Delhi, she was not transferred out from Delhi in 2020. The husband of the petitioner is posted at Visakhapatnam and the counsel for the petitioner on enquiry, states that he is posted at Visakhapatnam for the last about one year.
5.
Government employees do not have a vested right to their posting location; transfers are within employer discretion to maintain administrative balance.
Government servants can be transferred in administrative exigencies, and courts are reluctant to interfere with transfer orders unless there is a violation of statutory provisions or mala fides.
The court affirmed that government employees have no inherent right to be posted at a specific location, and transfer decisions are primarily administrative, subject to limited judicial review.
Government employees have no vested right to remain posted at a preferred location; transfers based on administrative exigencies are permissible unless statutory violations occur.
Transfer orders must be based on administrative feasibility, and personal hardships do not guarantee entitlement if guidelines are appropriately followed.
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