Employer Best Judge To Organise Workforce, Transfer Not Ordinarily Subject To Judicial Review Unless Arbitrary: MP High Court
The Madhya Pradesh High Court at its Gwalior Bench recently held that an employer is the best judge to organize its workforce and a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by mala fide or arbitrary exercise of powers. Moreover, concept of equality as enshrined under Articles 14 and 16 of Constitution of India, has no application to the cases of transfers.
The appellant had been working as an Assistant Engineer in MP Housing and Infrastructure Development Board since November, 2011. She was aggrieved as she had been subjected to frequent transfers in last two years. She was transferred from Division No. 2, Gwalior to Division No. 1 with an additional charge of Guna. She preferred a petition in which certain directions had been given for consideration of her representation. Being aggrieved by the said order, appellant preferred the present appeal.
The counsel for appellant submitted that the appellant was subjected to frequent transfers.
Opposing this submission, the counsel for respondents contended that her representation was considered and she is posted at Division No. 1 and the additional charge of Guna has been taken back. However, she misinterpreted the order passed by the Court and assumed the charge of Division No.2, Gwalior.
He further informed the Court that the appellant was at present transferred within the same building, only from one floor to another. Thus he prayed for the dismissal of the appeal.
The division bench of Justice Anand Pathak and Justice Hirdesh observed, “Transfer is an incident of service. No one much less petitioner has any vested right to be posted at a particular place of posting.It is well settled in law that employer is the best judge to organize its work force and it is also well settled in law that a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by mala fide or arbitrary exercise of powers which petitioner fails to do so. Concept of equality as enshrined under Articles 14 and 16 of Constitution of India, has no application to the cases of transfers.”
The division bench observed that appellant's representation was considered and she was posted to Division No. 1. Both the Divisions were in city of Gwalior and in fact, in the same building.
Therefore, it was stated that the appellant had no occasion to agitate, as once, her case had been considered by the Department, she was expected to join her duty.
Thereby, the court directed the appellant to join immediately at Division No.1, if she had not joined by now and dismissed the present appeal.
Case Title: NEERU RAJPUT v. THE STATE OF MADHYA PRADESH AND OTHERS, WRIT APPEAL No. 2110 of 2024