Transfer not a matter of right, observes Madras HC – Times of India

Chennai: Transfers can never be claimed as a matter of right by government employees, observed the Madras high court while dismissing a petition by a teacher who sought for her name to be included in the transfer counselling. Transfers are issued on administrative grounds. It is the prerogative of the public administration to transfer employees for effective administration, the court stated.
Justice SM Subramaniam made the observations to a petition by M Kachu Fathima who moved the court seeking a direction the school education department to permit her to take part in counseling held on Saturday. She was appointed as junior assistant in 2013 and promoted as PG assistant in February 2021 and posted at a schoolin Tenkasi. Meanwhile, a GO was passed in December 2021, with categories exempted under minimum one year of service in the present station, which includes visually impaired and physically challenged teachers. The petitioner said she meets the categories mentioned in the exemption criteria and sought for court intervention to allow her to participate in transfer counselling.
Holding that transfers are incidental, more so a condition to government service, the court noted the counselling policy is a concession extended to government employees. “Therefore, a concession can never be claimed as a matter of right,”Justice S M Subramaniam stated.
The court further noted that the power of judicial review in such issues is limited.
“Ëven in case if the employees are unable to get a particular post or place, then also it cannot be construed as right. If at all there is any gross violation of policy decision, the aggrieved person has to approach the concerned authorities for redressal,”the court said and disposed of the petition.