Courts need not interfere in transfers of govt staff: HC
TIMES NEWS NETWORK 04.12.2024
Chennai : The power of transfer vests with the competent authorities of the govt department concerned and courts need not interfere when it is exercised in the public interest, the Madras high court has said. “Importantly, courts cannot run or interfere with public administration in a routine manner,” a division bench of Justice S M Subramaniam and Justice M Jothiraman said. A writ against a transfer can be entertained only if such a transfer order is issued by an incompetent authority having no jurisdiction or if allegations of mala fides are raised, the court said.
“Routine administrative transfer would not provide cause for an employee to institute a petition before the courts. Post or place can never be the choice of an employee,” the judges said. Transfer guidelines are concessions and cannot be construed as a right. Such guidelines are meant to regulate transfers and postings but would not fall under the purview of service conditions. Thus, it is unenforceable before the court of law, the bench added. The court made the obser vations while rejecting a plea moved by Achutha Gomathi, a member of the Indian Army engineering team, seeking direction to the Army to consider her request to be posted in a place near Chennai. “No doubt every family may have one or other difficulty in one way or another. However, such personal grievances of the employees may be considered by the competent authority and certainly not by the courts,” the court said.
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