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PUNJAB AND HARYANA HIGH COURT
JASGURPREET SINGH PURI
Manjeet – Appellant
Versus
Uttar Haryana Bijlivitran Nigam Limited – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J. (Oral)
The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned order dated 09.08.2024 (Annexure P-2), vide which the petitioner has been transferred from the office of XEN (OP) Division Pundri to the office of XEN (OP) Division Pehowa, which is contrary to the transfer policy dated 06.10.2004 (Annexure P-1) and the law laid down by a Division Bench of this Court in case of Dr. Dev Parkash Chugh versus State of Punjab and others, 2005 (4) SCT 726 with a further prayer to direct the respondents to allow the petitioner to continue at her present place of posting as Divisional Accountant (DA) as the petitioner is a patient of chronic disease i.e. Diabetes Mellitus, Celiac disease.
2. Learned counsel for the petitioner submitted that the petitioner is a lady and she is suffering from Diabetes Mellitus and Celiac disease and she is taking her treatment from Fortis Hospital, Mohali. He further submitted that the petitioner has been transferred vide impugned order dated 09.08.2024 (Annexure P-2) from the office of XEN (OP) Division Pundri
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.
Transfer is an incident of service and an employee does not have any legal right to be transferred to a place of their choice. The needs of the administration take precedence above the preferences of....
Transfers in public service are an incidence of employment, and administrative discretion is upheld unless proven arbitrary.
Government employees have no vested right to remain posted at a preferred location; transfers based on administrative exigencies are permissible unless statutory violations occur.
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