The prerogative of the employer to decide postings in the public interest and the absence of enforceable rights for employees regarding the duration of their postings.

The petitioner is an Assistant Surgeon. She was transferred from P.P. Centre SMGS Hospital, Jammu and posted at Evening Clinic Nanak Nagar Jammu by Govt. Order No. 52-HME of 2004 dated 22-01-2004. She joined at her new place of posting and was performing her duties when the Government by its order No. 428-HME of 2004 dated 18-10-2004 ordered transfer of 101 doctors in the interest of administration and public healthcare. The petitioner is one of them. She has been transferred from Evening Clinic Nanak Nagar to C.H.C. Darhal. She has called in question her transfer through this writ petition.

2. The case of the petitioner is that though she has been working against a clear vacancy and has not completed her normal tenure of two years on the post yet she has been transferred prematurely and that to under the garb of policy of detachment of doctors. Mr. Raina, learned counsel for the petitioner submits that there is a Government policy governing transfer which provides that no employee shall be transferred unless he has completed a tenure of two years at his particular place of posting. He further submits that mid-term transfer of the petitioner is going to result in undue hardships to her as her children are studying in Jammu and they cannot be disturbed in the mid of their session of studies. He also submits that husband of the petitioner, namely Dr. Mushtaq Ahmed Malik was serving as Medical Officer in A.D. Dhoke, block Darhal. His brother-in-law was killed by militants and he was also under their threat, so his transfer was recommended by the then Divisional Commissioner Jammu by his letter dated 20.6.1997. Pursuant to the recommendation he has been transferred from there and is presently posted in Srinagar. According to Mr. Raina the petitioner being the wife of Dr. Mushtaq, apprehends threat to her life at the hands of militants and therefore deserves not to be posted to Darhal.

3. The Stand of the respondents projected in their reply is that healthcare of the citizens of the State has priority. The Government is under obligation to provide better health care to its citizens. Though the Government has a number of doctors but however, unfortunately they have been able to manage their posting in Jammu city only for their convenience against non-existent posts or even in some cases the posts had been transferred leaving the people of the area wherein the posts were created and wherein doctors had to work at the mercy of the God. So it was decided that the people of the entire state including rural areas would be given better health care or at least where the posts are existing the doctors are posted so that the people of the said area will get health care and the doctors will perform their duties for which they have been appointed. It is further stated that the petitioner has been transferred to C.H.C.Darhal in the interest of administration. Mr. Naik, learned Advocate General, has submitted that transfer is an exigency of service, at any time it can be ordered keeping in view the requirement of providing healthcare to the citizens of the State residing at different places. Transfer being in the interest of administration merits not to be interfered with.

4. In State of U.P. and others v. Govardhanlal, 2004 (AIR) SCW 2082 it was held by the Supreme court as follows:--

"It is too late in the day for any Govt. servant to contend that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desire. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contra in the law governing or conditions of service. Unless the order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision (an act or Rule) or passed by an authority not competent to do so, in order of transfer cannot lightly be interfe

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