Employer’s choice to utilize services of employee in public interest: HC

Excelsior Correspondent

Srinagar, Feb 2: High Court dismissed the petitions filed by two doctors challenging their transfer to their native place Gurez, with the observation that it is choice of employer to utilize services of his employee properly in the larger public interest.
Dr Manzoor Ahmad Ahangar, Consultant Ophthalmoloty and Dr Rafiq Ahmad Sheikh, Consultant B-Grade Specialist in ENT, were transferred from Sub District Hospital, Kupwara to Sub District Hospital, Gurez and Sub District Hospital, Kokernag to Sub District Hospital, Gurez respectively, which was challenged on the ground that there is no post of Consultant Ophthalmology in Gurez and the order has been passed at the behest of Member Legislative Assembly  who is Deputy Speaker of Legislative Assembly as he has developed the malice against the petitioner and has managed the posting of petitioner at Sub District Hospital, Gurez as also in a most arbitrary and mechanical manner.
“Transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period”, Justice Ali Mohammad Magrey said while dismissing both the petitions.
Authorities denied all the contentions raised in the petitions and sought dismissal of the writ petition as being not maintainable with further submission that posts of Consultant Ophthalmology and Consultant ENT have been made available at Sub District Hospital.
Officials have also made reference to the exigency involved in posting the petitioners at far of place at Gurez, where the people need services of Ophthalmologist and ENT. It has been further submitted that petitioners are residents of Gurez and can very conveniently serve the patients of his area.
“One fails to understand as to why the petitioners, who are required to serve in any part of the State in tune with the mandate of service rules governing the subject are reluctant to serve own area, wherefrom they have grown and excelled to the level of Consultant Ophthalmo-logist”, Justice Magrey said.
Court added that it is satisfied with the approach adopted by the Government in providing the Consultant to the people of far off area, which remains cut off for six winter months due to blockade of the road on account of heavy snow fall.