Employee cant claim to remain at particular place or post of his choice: High Court

Read Order: Anil Kumar v. State of Haryana and another 

Vivek Gupta

Chandigarh, July 14, 2021: While vacating a stay on the transfer order of a government employee, the Punjab and Haryana High Court has held that an employee cannot claim to remain at a particular place or post of his choice.

The case pertains to the petition filed by a government employee who was transferred from State ITI (Women), Bhiwani to State ITI, Behal, both in Haryana.

The said order was stayed on 23.08.2017 and the petitioner continued to stay at the same place and almost a period of four years since then. “The currency of the litigation thus has run out, in the opinion of this Court,” the HC said.

Counsel for the petitioner argued that there are vacancies available at the place where the petitioner is stationed.

The stand of state government was that the petitioner has never been transferred out of the District Bhiwani and his total tenure at ITI Bhiwani is more than 12 years out of total service of 15 ½ years, since his appointment on 11.03.2002.

“In such circumstances, this Court is of the opinion that no further indulgence is liable to be granted to the petitioner. The Division Bench in Parveen Kumar Vs. State of Punjab and others has held that transfer is an incidence in service and the guidelines issued by the state are not enforceable for the purpose of assailing it,” held the bench of Justice GS Sandhawalia.

“The employee cannot claim to remain at a particular place or post of his choice,” the court observed further.

“Resultantly, the present writ petition is disposed of as having been rendered infructuous. The interim order dated 23.08.2017 stands vacated. It is open to the official respondents to take action in accordance with law,” held the high court.