Excelsior Correspondent
JAMMU, Mar 23: The High Court of Jammu & Kashmir and Ladakh has held that an employee cannot claim posting at a station of his choice as a matter of right, while dismissing a Letters Patent Appeal filed by an officer of the Food Corporation of India against his transfer to Uttar Pradesh.
The Division Bench observed that transfer is an incident of service and falls within the exclusive domain of the employer unless it is shown to be tainted by mala fides or violative of any statutory provision.
The Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem upheld the earlier judgment of the writ court, which had declined to interfere with the transfer order. The appellant had argued that vacancies were available in his preferred regions, including Punjab and Haryana, and alleged that his posting to Uttar Pradesh was motivated by malice and intended to victimise him despite his service record.
Rejecting the contention, the court said the transfer policy itself made it clear that an employee of the corporation is liable to serve anywhere in India and that it is the prerogative of the employer to decide where an officer is best suited. The Bench reiterated that courts cannot interfere in transfer matters merely because an employee prefers another station.
On the plea of mala fides, the Division Bench found that the allegations were unsupported by specific pleadings and convincing material. It held that bald assertions of bias or malice are not enough in law and that such accusations must be backed by clear particulars and evidence.
The court also ruled that administrative guidelines on transfer do not confer an enforceable legal right if they do not have statutory force. Referring to settled Supreme Court law, the Bench said transfer guidelines cannot curtail the authority of the employer to post an employee in accordance with administrative requirements and organizational needs.
Concluding that the transfer had been made purely on administrative grounds and that the appellant’s real grievance was only with regard to the choice of posting, the Division Bench found no infirmity in the order of the Single Judge and dismissed the appeal.
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