Women Are Capably Manning The Posts In All Walks Of Life: HP HC Rejects Woman Forest Guard's Challenge Against Transfer Order [Read Order]

Today women are capably manning the posts in all walks of life in this country, said the Himachal Pradesh High Court while dismissing a writ petition filed by woman Forest Guard challenging a transfer order.

The petitioner had contended before the Court that she has not completed a period of three years at the present place of posting, and that being a spinster of 24 years, she is not in a position to join the transferred station because she is residing with her family. 

During the hearing, the counsel for the submitted that, the petitioner belongs to 'weaker sex' and pressed for setting aside the Transfer order. To this, the bench comprising Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua reacted thus:

"To say the least, is absurd, fallacious and if accepted would not only violate the statutory provisions of the Constitution, more particularly, Articles 14 and 16 thereof, but hosts of other laws of the Country. The petitioner has failed to realise that there has been a great advancement and the woman have demonstrated their ability to perform various taxing and hazardous duties which till now were wrongly and illegally considered to be the exclusive privilege of men. Today women are capably manning the posts in all walks of life in this country"

It was the women who themselves approached the Court seeking permanent Commission in the Army, which was being denied to them by the Government of India, said the bench referring to the recent Supreme Court judgment.

The Court has also summarized the law regarding interference by Court in transfer/posting of an employee by referring to various Supreme Court judgments.

1. Transfer is a condition of service.
2. It does not adversely affect the status or emoluments or seniority of the employee.
3. The employee has no vested right to get a posting at a particular place or choose to serve at a particular place for a particular time.
4. It is within the exclusive domain of the employer to determine as to at what place and for how long the services of a particular employee are required.
5. Transfer order should be passed in public interest or administrative exigency, and not arbitrarily or for extraneous consideration or for victimization of the employee nor it should be passed under political pressure.
6. There is a very little scope of judicial review by Courts/Tribunals against the transfer order and the same is restricted only if the transfer order is found to be in contravention of the statutory Rules or malafides are established.
7. In case of malafides, the employee has to make specific averments and should prove the same by adducing impeccable evidence.
8. The person against whom allegations of malafide is made should be impleaded as a party by name.

The court also added that a government servant holding a transferable post has no vested right to remain posted at one place or the other and courts should not ordinarily interfere with the orders of transfer instead affected party should approach the higher authorities in the department.

Case name.: Reema vs. State of HP

Case no.: CWP No. 2257 of 2019

Coram: Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua

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