No fundamental right to claim transfer or posting : Allahabad High Court

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  • Dilawar Khan
  • 27 Dec, 2023
  • 0 Comments
  • 1 Min Read

No fundamental right to claim transfer or posting : Allahabad High Court

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Puja Kumari Singh And 3 Others 
…Petitioners
versus
State of U.P
…Respondent
Case Number: WRIT – A No. – 4726 of 2023
Neutral Citation No. – 2023:AHC-LKO:80683

Download Judgement: Click Here

Facts

  • Petitioners are assistant teachers appointed in various districts under UP Basic Education (Teachers) Services Rules, 1981
  • They sought inter-district transfer under the policy dated 02.06.2023 and challenged clause 12(4) which grants additional points if spouse is in government service
  • Board clarified on 16.06.2023 that only employees under Article 309 are considered government service for this purpose
  • Petitioners aggrieved as their spouses work in banks, PSUs, aided schools etc which were excluded

Court’s Opinions

  • Assistant teachers have no fundamental right to transfer or posting of choice, subject to administrative needs
  • As per service rules, inter-district transfer is an exception, teachers appointed at district level based on their choice
  • Board as policy maker, best suited to interpret the meaning of “government service”; court can’t substitute its view
  • Government employees have distinct status with privileges under constitution/laws not available to PSU employees
  • Implementation of transfer policy for current academic session makes interference improper

Arguments by Parties Petitioners:

  • Exclusion of certain classes of services arbitrary, violates Article 14
  • Non-disclosure of weightage marks violates past practice
  • Spouses in PSU banks/organizations render service to government or public

Respondents:

  • Policy provides rational criteria for inter-district transfers
  • Board best suited to interpret government service in transfer policy context
  • Employees of PSUs/banks cannot claim parity with government servants

Referred Laws & Sections

  • UP Basic Education (Teachers) Services Rules, 1981
  • UP Basic Education (Teachers) (Posting) Rules, 2008
  • Article 14, 226 and 309 of the Indian Constitution
  • Supreme Court judgments on extent of interference in transfer matters

Key Points

  • Board’s interpretation of ‘government service’ as per policy can’t be interfered with
  • Distinction between government and PSU/bank employees is reasonable
  • Academic session mid-way, hence no interference warranted in implemented policy

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