An employee can not insist to transfer at a particular place – Supreme Court
The Supreme Court in an order stated that the transfer of an employee is based on the requirement of the employer and the employee cannot insist on transfer to a particular location.
The observation was made while dismissing a petition by a lecturer challenging an October 2017 order of the Allahabad High Court and requesting a transfer to a preferred location. The High Court had earlier dismissed her plea against the rejection of her representation by the authority concerned for transfer from Amroha to Gautam Buddha Nagar.
“It is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirement,” a top court bench of justices MR Shah and Aniruddha Bose said in its order.
In her petition filed before the High Court, the woman, posted as a lecturer in UP’s Amroha district, had said that she had made a representation for her transfer to a college in Gautam Buddha Nagar but it was rejected in September 2017 by the authority.
The High Court had noted that the order passed by the authority concerned showed that she had remained posted at a college at Gautam Buddha Nagar for about 13 years from the date of her initial appointment in December 2000 to August 2013 and, therefore, her request for posting her again at the same institution was not justified.
The High Court had said that in case the petitioner has completed the requisite number of years at the place of her present posting, she may request for transfer to some other place but not to a place where she had already worked for 13 years.
ITEM NO.33 Court 13 (Video Conferencing) SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 36717/2017
(Arising out of impugned final judgment and order dated 13-10-2017 in CWA No. 48447/2017 passed by the High Court Of Judicature At Allahabad )
THE STATE OF UTTAR PRADESH & ORS.
(FOR ADMISSION and I.R. and IA No.140814/2017-EXEMPTION FROM FILING O.T. and IA No.140813/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date : 06-09-2021 This matter was called on for hearing today.
HON’BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner(s) Mr. Parvez Bashista, adv.
Dr. Nirmal Chopra, AOR
For Respondent(s) Mr. Sanjay Kumar Tyagi, AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Parvez Bashista, learned counsel appearing for the petitioner and Mr. Sanjay Kumar Tyagi, learned counsel appearing for the respondent-State of U.P.
It is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirement.
The Special Leave Petition is dismissed.
Pending applications stand disposed of.
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