Excelsior Correspondent
SRINAGAR, Nov 5: Division Bench of J&K High Court comprising Justice Ali Mohammad Magrey and Justice Rashid Ali Dar has held that transfer is an exigency of service and it is the prerogative of the employer to see as to at what place the services of an employee can be best utilized in the larger public interest. Moreover, an employee, holding a transferable post, has no right to insist that he should be allowed to serve at a particular place for a particular period.
This significant judgment has been passed in a LPA filed by Mohammad Maqbool Shah challenging the order dated October 25, 2019 passed by the Single Judge whereby petition of the appellant/writ petitioner was dismissed.
The appellant/writ petitioner questioned the order impugned on the ground that writ court has not appreciated that the order of transfer of the appellant/writ petitioner has neither been issued for public interest nor in the interest of the department.
After hearing both the sides, the DB observed, “a full bench of this court vide order dated 31st of August 2015 has settled the issue with respect to enforcement of the executive instructions/ Government orders”.
“It is well settled legal position that Government instructions are not having statutory force. It is also settled in law that executive instructions/Government orders are subject to statutory rules. Executive instructions cannot supplement the rules. The issue is no more res integra and has been settled by the Supreme Court in a catena of judgments”, the DB said, adding “the full bench of this court, while reiterating the observations of the Supreme Court, has also held that the executive instructions/Government orders are subject to statutory rules”.
With these observations, Division Bench dismissed the appeal.
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