Employees lack a fundamental or vested right to choose their posting location; transfers may only be challenged based on statutory violations or arbitrariness.

JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. Dheeraj Kumar Vaishisht, learned counsel, appears and waives service of notice on behalf of the respondents.

2. The petitioner has filed the instant writ petition, seeking following reliefs:-

“i. Issue a writ of certiorari quashing and setting aside transfer order dated 28.09.2023 and relieving order dated 29.09.2023 i.e. Annexure P-2 and P-3 qua Petitioner; or/and

ii. Issue a writ a Mandamus directing Respondent No.2 not to apply the impugned transfer order dated 28.09.2023 i.e. Annexure P-2 qua Petitioner.”

3. The case of the petitioner, as submitted by the learned counsel for the petitioner, in brief is, that the petitioner is a driver in Himachal Pradesh Transport Corporation (HRTC) and the petitioner impugns the office order dated 28.09.2023 (Annexure P-2) transferring him from Hamirpur to Nalagarh showing him to be transferring in public interest. Learned counsel for the petitioner submits that the petitioner is due for retirement after one year and five months i.e. less than two years and is entitled to be considered for posting as per Clause 5.5 of the transfer guidelines issued by the State Government which have been adopted/are applicable in the Respondent-Corporation also. He further submits that the son of the petitioner is studying in 10+2 in a school nearby Hamirpur.

4. Per contra, the learned counsel for the respondents submits that the petitioner has completed almost ten years at the present station i.e. Hamirpur, and therefore, the petitioner has, neither any fundamental right nor vested right interest, to remain posted at the present station.

5. Be that as it may, no doubt the transfer is an incident of service and an employee has neither any fundamental right nor any vested right to seek posting at station of choice nor to seek retention at a place at his convenience. It is trite law, that the transfer can only be interfered with, in case of violation of any statutory rules or proved malafides or arbitrariness. The only exception which has been carved to the above principles of law is that an employee only has a limited right, to be considered for posting, subject to administrative convenience, in accordance the existing norms governing transfers, as per mandate of law in (2004) 11 SCC 402, State of U.P. versus Goberdhan Lal.

6. This Court is of the view that the object of Clause 5.5 is that after rendering prolonged service, an employee, at the fag end of the service career deserves to be granted a concession, of being considered for posting at a convenient station, so as to enable him to take care of himself, his family and to re-establish social set-up and to watch the timely release retiral benefits. Without observing, further, this Court hopes and trusts that the Respondent No.1-Managing Director, Himachal Road Transport Corporation, shall consider all these aspects sympathetically in light of Clause 5.5 as aforesaid, within two weeks.

7. In the background of facts, narrated above, as submitted by the learned counsel, this Court is inclined to grant interim protection to the petitioner till decision of the representation.

8. Keeping in view the facts and circumstances, as submitted by the learned counsel for the petitioner and the existing norms governing transfers, this Court as prayed, permits the petitioner to make a representation to Respondent No.1-Managing Director, Himachal Road Transport Corporation, within in a week from today; with further directions to the aforesaid respondent to decide the same within two weeks, in view of Clause 5.5 of the existing norms/guidelines governing transfer of employees.

Accordingly, the transfer order dated 28.09.2023 (Annexure P-2) transferring the petitioner from Hamirpur to Nalagarh shall remain stayed, till the decision of the representation as aforesaid.

In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of.