The Allahabad High Court has reiterated that government employees cannot claim a legal right to remain posted at a location of their preference. While dismissing a teacher’s petition challenging a transfer order, the court observed that transfer remains a routine and essential part of public service.
Justice Manju Rani Chauhan made the observation while refusing to interfere with a transfer order issued by the District Basic Education Officer in Fatehpur. In its 18 May order, the court stated that transfers are an incident of service and employees cannot insist on staying in a place of their choosing.
The case arose after a teacher approached the court seeking cancellation of a transfer order. During the hearing, counsel representing the respondents informed the court that the teacher had only been shifted to another school within the same block and had not even joined the new posting before filing the petition.
The respondents argued that established legal principles make it clear that an employee must first report to the transferred location before seeking any legal relief. They further informed the court that the transfer had been carried out according to relevant government guidelines. The court was also told that the teacher had been granted time to join at the new location but failed to do so.
Refusing relief, the High Court observed that transfer orders are administrative decisions and judicial intervention is limited. Such orders can only be challenged when there is evidence of bad faith or violation of legal provisions.
The court relied on the Supreme Court’s ruling in the case of SC Saxena vs Union of India, which held that government employees cannot ignore transfer orders and directly approach courts. Instead, employees are expected to join first and then raise concerns related to personal hardships or practical difficulties through representations.
The court further noted that the Supreme Court had previously discouraged the growing practice of employees avoiding new postings and resorting to litigation without compliance.
