news details |
|
|
| Employee can't compel govt to retain him on a post for 2 yrs: HC | | | Early Times Report
Srinagar, Aug 31: A high court full bench today ruled that a government servant has no enforceable right to insist that he or she should be permitted to serve for a minimum of two years at a station or a post.
The full bench of Chief Justice N Paul Vasanthakumar, Justice Hasnain Massodi and Justice B L Bhat made this ruling while referring to the conflicting views by court's single benches on the transfer issue.
While one of the judges held that the government transfer policy was enforceable, another said the government order or guidelines were only in the nature of executive instructions and therefore not enforceable by law. It is settled proposition of law that transfer is an incidence of service and a government servant is subject to orders of transfer on administrative exigencies. A government servant cannot insist that he is entitled to continue at a particular station or a post for a definite period," the court said.
The bench observed that as per the government order of July 28, 2010, having no statutory force, a government servant cannot compel the government to retain him against a particular post for a period of minimum two years as a matter of right.
"In the transfer policy itself it is clearly stated that even before the completion of the minimum term, if the performance of the employee is found below the job requirement or if there are grounds for initiating inquiry or disciplinary proceedings against him, or it is in the public interest or in the interest of administration to allow the employee to continue on a post for a full tenure, he can be transferred before the minimum period. Thus administrative exigency is inbuilt in the transfer policy itself and the policy issued can be treated as guidelines to be followed as far as possible by the authority who is vested with the power to transfer," the court observed.
The court, while referring the transfer policy wherein it is held that any kind of transfer of an employee his convenience may also be considered but not at the cost of government work. The husband and wife, if both in government service, have to be posted conveniently as far as possible subject to availability of the post. The physically challenged persons are to be given convenient posting subject to availability of the post", reads the government order of 2010. The government order also states that in order to identify the sensitive and non-sensitive posts and evolve a roaster for posting of the employee with the approval of the minister in charge, particularly in the department of engineering and finance.
"It is itself mentioned in the transfer policy that premature transfers in the interest of the administration can also be ordered with the prior approval of the minister in charge," the court said, adding, "it is evident from the said guidelines and policy regarding transfers lot of latitude is given to the administration to affect transfers even within two years on administrative exigencies." |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
