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Posting, transfer not a matter of right for public servants: HC dtd. 19.4.22 (Law & Justice)

Madurai: Disposing of a plea moved by a man challenging an order passed by the Tangedco authorities cancelling his transfer order, the Madras high court observed that posting or transfer cannot be claimed as a matter of right by public servants.

The court was hearing the petition filed by R Ashok, a native of Karur district. The petitioner was working as a field assistant in a Tangedco office in Namakkal district which comes under the Erode circle. He met with an accident in 2015 and sustained injuries on his right leg. His disability was fixed as 40%.
The petitioner submitted an application requesting transfer and the authorities in 2019, passed an order transferring Ashok from Erode to Karur circle. However, the petitioner was not relieved from Erode circle and subsequently, the authorities had cancelled his transfer order. Hence, he moved the HC Madurai bench.
Justice S M Subramaniam observed that no doubt, the request for transfer of the petitioner was considered at the first instance and subsequently, the authorities found that the transfer cannot be implemented on the ground that there were no sufficient employees in the category of field assistants.

Therefore, they cancelled the transfer order.
The judge said that the court cannot interfere with such orders which are in the interest of public administration. Competent authorities are the right people to decide how transfers and postings are issued. In the event of interfering in such routine administrative affairs of the departments, there will be a lot of inconvenience to the public administration.
The judge observed that neither the transfer order nor the cancellation order would not provide any service right to the petitioner as none of his service condition