Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court
LIVELAW NEWS NETWORK
9 Jan 2025 2:50 PM IST
The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. It added that the government is the best judge to decide how to utilise the services of an employee. Further, if an employee requests, the government may post that employee as per the request. However, such transfer will not be in public interest as the same is based on the employee's request and not administration exigencies.
“It cannot be disputed that the Government is the best judge to decide how to distribute and utilise the services of an employee. Simultaneously, if employee makes a request due to some hardship and if the authority or the Government as the case may be is satisfied, it may post such employee as per request, but such transfer cannot be termed as transfer in public interest because it is on the request of the employee and not in the exigencies of the public administration.,'' observed Justices J.K Maheshwari and Rajesh Bindal.
The Court made these observations while deciding the seniority claim of certain employees in the service of the Kerala Government. The Court held that as per the Kerala State and Subordinate Services Rules, an employee who was transferred by way of absorption to another department was entitled to retain their existing seniority.
Case Name: GEETHA V M & ORS V RETHNASENAN K. & ORS., CIVIL APPEAL NOS. 3994-3997 OF 2024
Citation : 2025 LiveLaw (SC) 39