The Orissa High Court has reaffirmed that employees do not have a vested right to choose their posting location or designation. The court emphasised that such decisions lie solely within the employer’s discretion, based on public interest and administrative needs.
A Division Bench comprising Justice Sangam Kumar Sahoo and Justice Savitri Ratho dismissed a petition challenging the Central Administrative Tribunal’s decision. The court maintained that posting is an essential aspect of service, and employees cannot demand a specific location or role.
The petitioner was appointed as an off-set machine assistant at the Postal Printing Press (PPP) in Bhubaneswar in 2000. In 2018, the government decided to shut down the press and reassign its employees within the Department of Posts. Employees were asked to submit their preferred locations, and the petitioner opted for the Circle Office in Bhubaneswar.
However, his request was not considered. Instead, eight employees were sent for training and placed in various postal establishments. Seven others were retained at PPP until its complete closure. The petitioner was reassigned as a Multi-Tasking Staff (MTS) in RMS ‘N’ Division, which he contested. He argued that others with similar or lesser qualifications were placed in preferred roles. His representation for reconsideration was denied on administrative grounds.
Following this, he approached the Central Administrative Tribunal in Cuttack, which upheld the department’s decision. He then moved the High Court.
The court ruled that an employee cannot claim a legal right to a particular posting. It cited Supreme Court precedents, including Shilpi Bose v. State of Bihar and State of UP vs Gobardhan Lal, which establish that transfer orders cannot be challenged unless they result from mala fide intent or statutory violations.
Finding no irregularities in the tribunal’s decision, the court declined to interfere. The petition was dismissed, reaffirming that employers retain full authority over employee postings based on operational needs and public interest.
