Transfer policy not applicable in case of posting on promotion: Punjab & Haryana High Court

By LE Desk

Chandigarh, June 23, 2021: The Punjab and Haryana High Court has made it clear the transfer policy was not applicable in case of posting upon promotion. The High Court has also made it clear that service rules framed by a state government will have preference over the guidelines issued by the Centre.

The ruling by Justice Harsimran Singh Sethi came upon a petition filed by Associate NCC Officer Satpal challenging an order, whereby he was relieved from Government Senior Secondary School, Behlba, in Rohtak district for joining Government Girls Middle School, Manethi, in Rewari.

Justice Sethi asserted that the question for consideration before the court was whether the petitioner had any right to claim posting at a particular place of his choice or was liable to serve anywhere in the State of Haryana keeping in view the rules governing the service, The Tribune reported.

Further, the question was whether the present case was of posting upon promotion and whether the transfer policy would be applicable in the facts and circumstances of the matter. It was also to be seen whether guidelines issued by the Centre would confer any right upon the petitioner to continue to serve at a particular station or the employer Education Department had the right to post the petitioner in administrative exigencies even where there was no NCC unit as envisaged under the rules governing service.

Justice Sethi asserted that service rules would have preference over the guidelines issued. Once the service rules envisage that the petitioner could be posted anywhere in Haryana, employer Education Department would be well within its right to post the petitioner anywhere in the state and the guidelines could not create impediment within the state’s powers to post the petitioner even where NCC unit did not exist if administrative exigencies demand the same.

Justice Sethi added that the present case was not of transfer but posting upon promotion. Not only the petitioner, but 1,100 employees were posted upon promotion to various stations. The exercise of powers by the respondent-school was an administrative act. As the present case was of posting upon promotion, the reliance being placed upon transfer policy dated June 29, 2016, by the petitioner was totally misplaced and could not be accepted, the Bench held, reported The Tribune.