No settled or preferential right of posting for govt employees: High Court

Read Order: Smt. Prem Lata v. State of Haryana and others 

Vivek Gupta

Chandigarh, July 19, 2021:Dismissing a plea of a government employee seeking quashing of her transfer orders from one post to another, the Punjab and Haryana High Court has held that for government employees, there is no settled or preferential right of posting, which is apparently being sought by the petitioner by filing the present writ petition.

The petitioner who had been posted as District Education Officer, Gurugram was transferred to the post of the District Elementary Education Officer. Through her petition, she challenged the transfer on the ground that district education officer is a higher post.

The defence of the State in its written statement was that under Haryana State Education (Group A) Service Rules, 1998 it is the prerogative of the Government to post the petitioner anywhere in the State and in having transferred her to the post of District Elementary Education Officer, Gurugram, there is no violation of any statute.

The State further argued that the directorates of Secondary Education and Elementary Education were separate directorates but both the posts are equivalent posts. The State also contended that both the posts are at par, separate and independent in nature and there is no difference of the pensionary benefits and pay while being posted either as District Elementary Education Officer or the District Education Officer.

Deciding the matter, a bench of Justice GS Sandhawalia said, “It is settled principle that for the government employees, there is no settled or preferential right of posting, which is apparently being sought by the petitioner by filing the present writ petition by way of seeking a writ of mandamus, directing the state to transfer and post her at a particular place and post.”

Since the statutory Rules would be applicable to the petitioner, the reliance on the said notification is without any basis, the court held. 

Even otherwise, the conduct of the petitioner for effectively getting the prime posting is apparent from her track record, which would go on to show that she mainly stayed at Gurugram from 1999 onwards when she was initially promoted as a Principal and has not been posted out of the said district.

“The Division Bench of this Court, in the case of Parveen Kumar vs. State of Punjab and others, 2008(4) S.C.T. 596, has held that the guidelines laid down by the State for the transfer of its employees from one place to another are for the guidance of officers and are not enforceable for the purpose of assailing their transfer. The transfer of an employee is a normal feature and incidence of service which does not, in any manner, alter the conditions of his service and no Government servant can claim to remain at a particular post or a station of his choice, the bench stated.

“In view of the aforesaid facts and circumstances, no case is made out to issue directions while exercising the extraordinary writ jurisdiction of this Court and, thus, the present writ petition is dismissed,” the high court held.