In a writ petition seeking transfer from Varanasi to Ghaziabad, the Court held an employee has no vested right to choose a transfer place. Noting the petitioner faces no statute violation or malafide and will superannuate soon, the petition was dismissed.
The writ petition is dismissed.
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Neutral Citation No. - 2025:AHC:12614
Court No. - 5
Case :- WRIT - A No. - 952 of 2025
Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Kumar Rai Counsel for Respondent :- C.S.C.,Vineet Sankalp
Hon'ble Ajay Bhanot,J.
Heard Shri Ashutosh Kumar Rai, learned counsel for the petitioner and Shri Vineet Sankalp, learned counsel for the respondent no. 4.
By the impugned order the representation of the petitioner for transfer from Varanasi to Ghaziabad has been declined. The impugned order records that the petitionr had been posted at Ghaziabad for the past 18 years.
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.
Moreover, the petitioner will superannuate in May 2025. He should look for an honourable walk into the sunset of
his career, and avoid getting into unnecessary litigation.
In wake of the aforesaid, the writ petition is dismissed.
Order Date :- 24.1.2025 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should interfere with an order declining representation for transfer when the petitioner has no vested right and the order is not based on infraction of statute or malafide.
Pankaj Kumar
State Of U.P.
Respondent no. 2
Respondent no. 3
Respondent no. 4
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
