S. MUPPIDATHI Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The order, dated 12.09.2014 rejecting the claim of the writ petitioner to transfer her to Government Higher Secondary School in Tirunelveli District, is under challenge in the present writ petition.

(2.) The claim of the writ petitioner is that she made a request application for transfer to post her at Tirunelveli District, however, the application was not considered. Thus, the petitioner earlier filed W.P. No. 668 of 2014 and this Court passed an order, dated 10.1.2014 directing the second respondent to consider the case of the petitioner. Accordingly, the impugned order has been passed by stating that there was no vacant post during the relevant point of time so as to accommodate the writ petitioner in Tirunelveli District and accordingly, her application was rejected.

(3.) Transfer is an incidental to service, more so, a condition of service. A request transfer application can be considered by the competent authorities in the interest of public administration. The court cannot issue any directions to post an employee in a particular place or post. Post or place can never be claimed as a matter of choice by the public servant. Public servants are liable to work wherever they are posted in the interest of public at large. Thus, transfer can never be claimed as a matter of right. Transfer being a condition of service cannot be claimed as a matter of right by the public servant by submitting an application that she must be posted in a particular District or in a particular place or post.