A petition was filed in the Punjab Haryana High Court by a woman employee, Sunita Kumar, of the Haryana government who wanted a stay on the orders of her transfer from Rohtak to Hansi. She was working as craft instructor under the department of industrial training in Rohtak.

Courts cannot interfere with transfers: High Court

An employee is entitled to file a writ petition in the High court demanding for the stay on transfer which is violative to the terms and conditions of the contract to such employment. The Parliament passes various statutes dealing with the rights and duties working in every firm including the government departments.

Also Read- STAY BY THE HIGH COURT CHANDIGARH IN SERVICE MATTERS

Brief Facts of the Case:

  • A government employee named Sunita Kumar is presently working in the Rohtak based Industrial training institute in Haryana.
  • She is aggrieved by her transfer from Rohtak to Hansi and filed a stay petition in the High Court.
  • The only ground for assailing the transfer was that her husband is serving in the Border Security Force (BSF) and is posted in Jammu and Kashmir.
  • The petitioner’s children are studying in Rohtak and she is also looking after her aged in-laws.
  • Her Counsel contended that transfer to Hansi, which is at a distance of around 70 km from Rohtak, would result in practical difficulties.
  • The petitioner requested for a stay order on her transfer in order to avoid the difficulties that she would have to face.

Decision of the Court:

On further inquiry by the bench constituted for special query of the hearing, the learned counsel for the petitioner accepted that the petitioner had already served for a period of more than five years of Rohtak as against the normal tenure of three years posting.

After hearing all the parties, Justice Tejinder Singh of High Court has held that there was no legal infirmity with the transfer and no violation of the rules or mala fide of a transfer of an employee existed in the present case. Hence, the High Court denied for any kind of interference in the decision of the authority concerned in this matter and the petition for stay orders had been dismissed.

Also Read- Government Teacher Dismissal Stayed by High Court Chandigarh

Legal Opinion:

There are different legislation passed in India to regulate and protect the interests of the employees as well as to create and increase employment opportunities. Depending upon type of industry, nature of work undertaken, number of employees, location, remuneration of the employees etc. many legislation have been passed such as the Industrial Disputes Act, 1947 (ID), Factories Act, 1948, Shops and Establishment Acts of different states etc.

As held by Supreme Court in Union of India Vs. S. L. Abbas AIR 1993 SC 2444, an order of transfer is not only a condition of service but also an incidence of service. It is the appropriate authority who should be transferred and where. Unless the transfer order is vitiated by mala fides or is made in violation of the statutory provision, the court cannot interfere with it. In the present case, the High Court of Punjab and Haryana also advocated the same view and dismissed the current appeal

For case specific advice, please contact Punjab Haryana High Court Best/Expert Lawyers Advocate for Service Matters in Chandigarh Panchkula Mohali.

This post is written Riya Rana

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