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Government Employees can’t insist on transfer to particular location: Supreme Court

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Supreme Court - law insider

Swarna Shukla-

Published on: September 13, 2021, at 13:40 IST

The Apex Court Bench of Justices M.R Shah and Aniruddha Bose said in an order dated 6th September 2021 that an employee cannot insist on a transfer to a particular place and it is for the employer to shift the staff considering the requirement.

The Supreme Court observed this while dismissing the plea against a rejection by the authority concerned for transfer from Amroha to Gautam Buddha Nagar.

In the petition, the woman who was posted as a lecturer in Amroha District, maid her representation for transfer to at a college in Gautam Buddha Nagar but was rejected in September 2017 by the concerned authority.

The petitioner’s counsel had submitted that she was working at Amroha for the last 4 years and was therefore, entitled to a transfer under the government policy.

The High Court noted that the order that was passed in 2017 showed that the woman had remained posted at a college at Gautam Buddha Nagar for 13 years from the date of her initial appointment in December 2000 to August 2013, hence her request for posting in the same institution is rejected.

The High Court mentioned that the petitioner was not entitled to be posted at a place where she had already worked for about at a stretch of 13 years. She may request for transfer to other institution but not to a place where she had worked already for 13 years.

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