Allahabad High Court has observed that government employees do not have a legal right to remain posted at a location of their choice, while dismissing a petition filed by a teacher challenging a transfer order.
In an order dated 18 May, Justice Manju Rani Chauhan stated that transfer is a normal condition of public service and courts should interfere only in exceptional circumstances.
The case involved a teacher who sought cancellation of a transfer order issued by the District Basic Education Officer in Fatehpur district. During the proceedings, counsel for the respondents informed the court that the teacher had been transferred only to another school within the same block and had not joined the new posting before approaching the court.
According to the respondents, established legal principles require employees to first comply with transfer orders and report at the transferred location before seeking legal remedies. The respondents also stated that the transfer had been carried out in accordance with applicable government guidelines and that sufficient time had been provided for the teacher to join the new assignment.
Refusing to grant relief, the High Court observed that transfer orders are administrative decisions and judicial review in such matters remains limited. The court said interference is generally justified only when there is evidence of mala fide intent or violation of statutory rules.
The court relied on the Supreme Court judgment in SC Saxena vs Union of India, which held that government employees should not disregard transfer orders and directly initiate litigation without first complying with the posting directive.
The judgment also referred to earlier Supreme Court observations discouraging the practice of employees avoiding transfers and seeking immediate judicial intervention instead of first reporting to the assigned workplace and then raising grievances through official representations.
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