Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Desh Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. transfer details and petitioner’s posting history. (Para 1 , 4) |
| 2. arguments on the validity of the transfer. (Para 2 , 5) |
| 3. court's view on arbitrary exercise of authority (Para 3) |
| 4. court’s analysis on arbitrary transfer. (Para 6 , 7 , 8 , 9) |
| 5. writ petition granted; transfer quashed. (Para 10) |
| 6. final order and disposition. (Para 11) |
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this writ petition, the petitioner has challenged Annexure P3 and Annexure P-4, dated 20.09.2024 and 24.09.2024, respectively, in terms whereof, the petitioner has been transferred to Sub-Tehsil Nither, District Kullu as a Naib-Tehsildar, without allowing him to complete his normaltenure at his present place of posting i.e. Tauni Devi.
2. When this case was listed on 26.09.2024, the following order was passed:-
“CMP No.18142 of 2024
Notice in above terms. The grievance of the petitioner is that without allowing him to complete his normal tenure at Tauni Devi, where he was posted in the month of January, 2024, after his promotion against the post of Naib Tehsildar, he was firstly ordered to be transferred to Sandhol vide Annexure P-3 and thereafter said order stands modified vide Annexure P-4 an
Transfers must have justification based on administrative exigency or public interest, and cannot be arbitrary; employees have a legitimate expectation of reasonable tenure in their positions.
State cadre employees after 25+ years in home-contiguous stations cannot challenge transfers to tribal areas; such postings non-punitive, fulfill administrative needs and employee service duty.
Transfers of government employees are a normal incidence of service and should not be interfered with unless proven to be arbitrary or mala fide.
Government employees can be transferred for public interest, and longer tenures do not create a legal right to remain at one location.
Employer must transfer employee from hard area after normal tenure completion to prevent such postings from becoming punishment-like; arbitrary rejection based on children's studies unsustainable wit....
Service transfers accommodating others' requests, disturbing short seven-month tenure without public interest or exigency, are arbitrary and mala fide, violating Articles 14 and 16; employees entitle....
The court upheld the validity of the transfer policy, which mandates that teachers who are transferred on a mutual basis must serve a minimum period of three years at the new location, reinforcing di....
An employee has no fundamental right or, for that matter, a vested right to claim a transfer or posting of their choice.
The main legal point established in the judgment is that transfer is an incident of service, and a public servant has no vested right to seek transfer to a location of his choice. The courts should n....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
