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Himachal Pradesh HC: No employee has vested right for his posting at a particular place

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Queency Jain

Justice Vivek Singh Thakur, while disposing a petition of a transfer order held that, “Transfer or repatriation of an employee is right of the employer/authority and transfer or repatriation in itself is not a punishment but incidence of service”.

The petitioner challenged his transfer order issued on 26th March 2021 on the grounds that he has been transferred under the political recommendation and not for administrative exigency. 

The Petitioner further contended that he had been performing his duties at best for the past 18 years in District Institute of Education and Training (DIET), Nahan and that his transfer is in violation of the norms issued by the Education Department.

The petitioner was repatriated to his parent department, Higher Education and was ordered to be posed at Government Senior Secondary School, Dhamwari, Shimla district, against vacancy as a lecturer (mathematics).

Rejecting the petition, the court observed that the transfer of the petitioner has been affected in administrative exigency keeping in mind the interest of a larger section of the society. 

The Court further held that even if the petitioner has been working for 18 years at one place, he does not get a vested right for his posting at that place.

In conclusion, the court stated, “For the facts and circumstances, it cannot be inferred that power by competent authority has been exercised discriminately, mala fide, unreasonably or irrationally, rather it appears to have been exercised in public interest in the right manner.”