The High Court dismissed the writ petition challenging an order of transfer, holding that transfer is an incident of service and no employee has a vested right to a specific posting. The court found no malafide or statutory infraction.
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Neutral Citation No. - 2025:AHC:3815
Court No. - 5
Case :- WRIT - A No. - 76 of 2025
Petitioner :- Susheel Kumar Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Hari Krishna Singh,Sr. Advocate Counsel for Respondent :- A.S.G.I.,Shruti Malviya
Hon'ble Ajay Bhanot,J.
Heard Shri Hari Krishna Singh, learned counsel for the petitioner, Shri Amrish Sahai, learned counsel for the respondent no. 1, Ms. Shruti Malviya, learned counsel for the respondent nos. 2 - 5 and learned Standing Counsel for the State.
The petitioner has assailed the order of transfer. The representation of the petitioner against the said transfer has already been decided by the respondents.
Ms. Shruti Malviya, learned counsel for the respondent submits that the representation of the petitioner against the transfer order has already been rejected.
Transfer is an incident of service. No employee has a vested right to be transferred to any place of their choice. Transfer policy has to subserve the larger interest of the institution. The transfer can be challenged only on limited grounds namely, infraction of statutory provision or malafide. None has been asserted or established before this Court. No violation of any statute has been shown.
The transfer policy does not confer any enforceable rights upon the petitioners. No interference is warranted in the impugned order of transfer.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 8.1.2025 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether a government servant has a vested right to be posted at a specific place and whether the transfer order was legally valid.
Susheel Kumar
Union Of India
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
