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| Employer best judge to utilize service of his employee: High Court | | | Early Times Report
JAMMU, Aug 23: The Jammu & Kashmir and Ladakh High Court has held that the employer is the best judge to decide about where to utilize the service of his employee.
Justice Javed Iqbal Wani while hearing a petition filed by Sheeba Ashraf who had challenged her transfer order dated 29.6.2022 in terms whereof the petitioner has been transferred to 72 battalion Sunderbani, Jammu, from her present place of posting at GC Rambagh, Srinagar, where she is working as medical officer.
Justice Javed Iqbal Wani while dismissing the petition, observed that law is no more res Integra that transfer of a government servant appointed to a particular transferable post is incidence of service and does not affect or alter his/her condition of service. The transfer is an exigency of service and an employer has a prerogative to see at what place the service of an employee can be utilized.
Reverting back to the case in hand, the petitioner has questioned the order of transfer primarily on the ground of application of guidelines provided for posting of husband and wife at the same place.
Justice Javed Iqbal Wani further observed that law is settled that the said guidelines have been held to be conferring upon the government employee no legally enforceable right. The employer has been held to be the best judge to decide as to where to utilize the service of the employee. —JNF |
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