Employer Can Transfer Employee To Any Place Considering Requirement: SC

Saying it is for the employer to transfer an employee considering the requirement Supreme Court has an employee cannot insist on transfer to a particular place.

"It is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirement,” an apex court bench of justices M R Shah and Aniruddha Bose has said in its order.

The apex court made this observation while dismissing a petition filed by a lecturer challenging Allahabad High Court order.

The high court had dismissed her plea against the rejection of her representation by the authority concerned for transfer from Amroha to Gautam Buddha Nagar.

In her petition filed in the high court, the woman, who was posted as a lecturer in Amroha district, had said that she had made a representation for her transfer to a college at Gautam Buddha Nagar and it was rejected in September 2017 by the authority.

Her counsel had argued before the high court in 2017 that she was working at Amroha for the last four years and under the government policy, she was entitled to a transfer.

The high court had noted that the order passed by the authority concerned showed that she had remained posted at a college at Gautam Buddha Nagar for about 13 years from the date of her initial appointment in December 2000 to August 2013 and, therefore, her request for posting her again at the same institution was not justified.

In its order, the high court had said the petitioner was not entitled to be posted at a place where she had already worked at a stretch for about 13 years.

The high court had said that in case the petitioner has completed the requisite number of years at the place of her present posting, she may request for transfer to some other place but not to a place where she had already worked for 13 years. (With PTI inputs)