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| High Court Rules: Employee cannot claim stay at specific location as right | | | Early Times Report
JAMMU, June 6: The Jammu & Kashmir and Ladakh High Court has held that employees cannot demand to stay at a particular place as a matter of right. The court emphasized that it is the employer's prerogative to determine where an employee's services are required within the department.
The judgment was delivered by Justice Puneet Gupta in response to a petition filed by Mumtaz Begum, a Junior Assistant with the JK BOSE. Mumtaz Begum had challenged her transfer from the sub-office in Kishtwar to Exam Unit-I in Jammu Division, citing health reasons and the welfare of her minor children.
After hearing both sides, Justice Puneet Gupta concluded that the petitioner's case lacked merit. The court noted that the petitioner had been given the choice to opt for a transfer to either J&K BOSE in Rehari, Jammu, or the Board Office in Srinagar. The respondents also assured the petitioner of accommodation in the selected city. The court observed that the petitioner's representation had been considered sympathetically, and the directions given in the previous writ petition had been substantially fulfilled.
Justice Puneet Gupta further emphasized that an employee cannot insist on staying at a specific place as a right. It is the employer's responsibility to determine the appropriate utilization of employees' services within the department. The arguments raised in the petition challenging the transfer order were deemed unsubstantiated. Despite being given the choice regarding her posting, the petitioner chose to challenge the transfer order.
The court dismissed the petition, noting its lack of merit. However, the dismissal does not prevent the respondents from reconsidering the petitioner's case if they choose to do so. |
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