For government employees, transfer is not a right: HC

While dismissing a petition filed by a government school teacher seeking permission to participate in transfer counselling, the Madurai Bench of the Madras High Court observed that transfer could never be claimed as a matter of right by government employees.

The ruling came at the case filed by M. Kachu Fathima, a government school teacher in Tenkasi district. She requested that the authorities direct the authorities to allow her to participate in transfer counselling by placing her under the priority spouse quota. The counselling policy was created to allow employees to choose their preferred location or position, subject to availability and eligibility, as well as the terms and conditions set forth in the policy.

Justice S.M. Subramaniam noted that transfers were made on administrative grounds. The public administration had the authority to transfer employees in the public interest and to ensure efficient and effective administration. The court stated that it was of the considered opinion that transfer was a condition of service and that the government's counselling policy was a concession to government employees.

Officials in charge of implementing the counselling policy should make sure that the policy's terms and conditions are strictly followed, that the candidates' eligibility criteria are verified and appropriate decisions are made.

The authority in question was to consider the eligibility in light of the transfer policy. The power of judicial review, in this case, was unquestionably limited, and the courts were not required to intervene in such policies, according to the judge.

The petitioner's eligibility was to be determined by the authorities concerned while finalising the list of candidates eligible to participate in the counselling, according to the court. The court ordered the authorities to verify the information before making a decision.