This court dismissed the writ petition challenging a transfer order. The petitioner sought his posting choice and claimed constitutional violations. The court held that service circulars do not create enforceable rights and dismissed the application.
Application dismissed holding no legal right to posting of choice.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15795 of 2008
SERAJ ALI ANSARI
Versus
THE STATE OF BIHAR & ORS
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3/ 22/01/2009.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is aggrieved by order of his transfer dated 17.9.2008.
Learned counsel for the petitioner submits that the petitioner had come to this Court earlier when this Court disposed off the writ application with certain observations which have not bee complied with by the respondents in issuing the impugned order.
The ground urged in the present writ application is that he has not been given a posting of his choice as per his option. Subsequently, those who had completed more than three years at their previous place of posting, contrary to Government instructions, are being permitted to continue leading to nonavailability of post as per the option of the petitioner.
This Court in C.W.J.C. No.10976/08 has already held that any option given by the petitioner does not bind the authorities. The petitioner cannot insist on working as per his terms.
The second ground strenuously urged was
2
‘violation of Article-14 of the Constitution’ inasmuch as the petitioner was being transferred, even while others who had remained at a station for more than three years were left unscathed.
The law stands well settled that circulars with regard to transfer and postings create no rights so as to found a legal cause of action. They at best furnish an opportunity to file a representation to be considered by the authorities.
The primary grievance of the petitioner at paragraph-12 of the application appears to be the distance which, according to him, shall be problematic
for him to commute.
The application is dismissed.
KC
( Navin Sinha, J.)
3 issues framed by the court
Whether the petitioner is entitled to a posting of his choice contrary to government instructions.
Whether statutory transfer orders violate Article 14 of the Constitution when others are not transferred.
Whether service circulars regarding transfer create legal rights enforceable in court.
Seraj Ali Ansari
The State of Bihar & Ors
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court