Court dismisses petition challenging transfer, emphasizes administrative needs over personal preferences
In a recent decision, the Himachal Pradesh High Court, presided over by Justice Ajay Mohan Goel, upheld the transfer of Ashok Kumar, a government employee, rejecting his petition against the transfer order from GSSS Kashmaila, District Mandi to GSSS Deothi, District Solan. The court emphasized that while the state's transfer policy seeks to ensure contiguous postings for couples, it does not confer an absolute right for them to remain at a station of their choice.
Ashok Kumar challenged the rejection of his transfer representation, arguing that as a couple case, he should not have been moved from his previous posting. His counsel contended that the transfer, executed through a D.O. Note, was legally flawed. However, the Assistant Advocate General, representing the state, argued that the transfer followed the completion of Kumar's normal tenure and was justified by administrative needs.
The court observed that Kumar's delay in filing the petition, six months after the rejection of his representation, suggested that the challenge was an afterthought. Justice Goel noted that the state must prioritize administrative exigencies and public interest over individual employee preferences. The court acknowledged that Kumar's wife's medical condition, requiring regular treatment at PGI Chandigarh, might warrant a sympathetic consideration for her transfer closer to Solan.
The petition was dismissed, but the court left open the possibility for the couple to request a transfer closer to each other, considering the medical needs presented. This decision reinforces the balance between personal circumstances and the broader administrative requirements within the state's transfer policy.
Bottom Line:
Transfer of government employees - Couple case - No indefeasible right to serve at the station of choice, but the State should endeavor to ensure contiguous postings as per transfer policy - Administrative exigencies and public interest cannot be subservient to personal interests of employees.
Statutory provision(s): Transfer Policy
Ashok Kumar v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc id # 2864883
