Supreme Court: Employee can’t insist on transfer to a particular place

The Supreme Court has observed that an employee cannot insist on a transfer to a particular place and it is for the employer to shift the staff considering the requirement. The top court made this observation while dismissing the petition of a lecturer challenging the Allahabad High Court’s October 2017 order.

• Allahabad high court had dismissed the plea filed by her which she had filed against rejection of her representation by the authority concerned for her transfer from Amroha to Gautam Buddha Nagar.

Background

• Women was posted as a lecturer in Amroha district. She made a representation for her transfer in a college at Gautam Buddha Nagar. But it was rejected by the authority in September 2017.
• Her counsel argued in 2017 before the high court that she was working at Amroha for last four years as well as the government policy.

Allahabad court verdict

• High court noted that, order passed by the authority concerned showed that the women had remained posted at a college in Gautam Buddha Nagar for 13 years from the date of initial appointment in December 2000 to August 2013.
• Thus, women’s request for posting her again at the same institution was not justified.
• Court further noted that, petitioner was not entitled to be posted at a place where she had already worked for about 13 years.
• According to the court, in case women has completed the requisite number of years at the place of her present posting, she can request for her transfer to other places.