The Apex Court Division Bench comprising Justice M. R. Shah and Justice Aniruddha Bose in the case titled Namrata Verma v. State of U.P., decided on 06-09-2021 give their opinion on whether the employee has a right to insist or deny transfer at a particular place?
Facts of the Case:
In the instant case, Lecturer had made representation for her transfer to Rajkiya Post Graduate College, Noida, Gautam Buddha Nagar which was rejected by the Additional Chief Secretary Higher Education, Uttar Pradesh on the ground that the petitioner had remained posted at Rajkiya Post Graduate College, Noida, Gautam Buddha Nagar from the date of her initial appointment i.e. for about 13 years and therefore, her request for posting her again at the same institution was not justified. The High Court also dismissed the appeal filed against the said order.
Submission of the petitioner:
The petitioner submitted that she had been working at Amroha for the last 4 years and therefore, under the Government policy she was entitled to a transfer.
Court’s observation and Judgment:
The Supreme Court held that it is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirement. The Special Leave Petition is dismissed.
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